{"id":"family-and-community-services-act-1972","name":"Family and Community Services Act 1972","slug":"family-and-community-services-act-1972","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32047,"registerId":"sa-family-and-community-services-act-1972-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n1—Short title\nThis Act may be cited as the Family and Community Services Act 1972.\n6—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\naffiliation case means proceedings for assistance, maintenance, or preliminary expenses in which it is necessary to establish the paternity of a child born outside marriage;\nChief Executive means the person for the time being holding, or acting in, the office of Chief Executive of the Department;\nchild means a person who has not attained the age of 18 years;\nchild born outside marriage includes a child born to a married woman of which a man other than her lawful spouse is the father;\ncomplainant means a person by, or on whose behalf, or for whose benefit, a complaint is laid under this Act;\nDepartment means the administrative unit of the Public Service that is, under the Minister, responsible for the administration of this Act;\nguardian, in relation to a child, means a parent of the child and any person (other than the Minister or the Chief Executive) who is the legal guardian of the child;\nMagistrates Court means the Magistrates Court of South Australia;\nmaintenance includes the cost of clothing, support, training and education;\nmaintenance order means an order of a court (made before or after the commencement of this Act either in this State or elsewhere) whereby a person is ordered to pay money in a lump sum, or by instalment or periodic payment for or towards the maintenance of another person, or by way of recoupment of money expended in, or provided for, the maintenance of another person and includes any order for the payment of money under Part 6;\nnear relative in relation to a child means a parent or step-parent of the child;\nparent includes a person who has—\n\t(a)\tadopted a child in accordance with the law of this State, or the law of another State or Territory of the Commonwealth; or\n\t(b)\tadopted a child in accordance with the law of any other country or State, if the adoption is recognised under the law of this State;\npreliminary expenses in respect of the confinement of a woman, means the cost of the maintenance of the woman during the period of three months immediately preceding the confinement, the reasonable medical, surgical, hospital and nursing expenses attendant upon the confinement, and the cost of the maintenance of the woman and the child or children born to the woman for three months after the birth of the child or children;\nrelative in relation to a child, means a step-parent, brother, sister, uncle, aunt, grandfather or grandmother of the child;\nstep-parent in relation to a child means a person (not being a parent of the child)—\n\t(a)\twho—\n\t(i)\tis married to a parent of the child; or\n\t(ii)\twas married to a deceased parent of the child at the date of death of the parent; and\n\t(b)\twho at any time during that marriage accepted the child as a member of a household formed with the parent;\nwoman means any female person.\n\t(2)\tFor the purposes of this Act, where a marriage exists between 2 persons, whether the marriage is monogamous or polygamous, the persons will, if the marriage is lawful and valid in the place in which it was solemnised, be regarded as spouses.\n\t(3)\tA person will not be recognised under this Act as the father of a child born outside marriage unless—\n\t(a)\the is so recognised under the Family Relationships Act 1975; or\n\t(b)\the is adjudged in proceedings under this Act to be the father of the child.\n\t(4)\tAny references in this Act to an order are to be read and construed, where the order has been varied under this Act or any other Act, by a subsequent order having effect in this State, as a reference to the order as so varied.\n\t(5)\tA reference in any other Act or statutory instrument to the Director‑General of Community Welfare will be taken to be a reference to the Chief Executive.\nEditorial Note—\nFor definition of divisional penalties (and divisional expiation fees) see Appendix.\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"The promotion of family and community welfare","content":"Part 2—The promotion of family and community welfare\n","sortOrder":1},{"sectionNumber":"Div 1","sectionType":"division","heading":"Administration","content":"Division 1—Administration\n8—Delegation\n\t(1)\tThe Minister may, from time to time, by instrument in writing, delegate to the Chief Executive such of the Minister's powers, duties, responsibilities and functions under this Act or any other Act as the Minister thinks fit, and may at any time revoke any such delegation.\n\t(2)\tThe Chief Executive may delegate to an employee of the Department or, with the approval of the Minister, to any other suitable person, any of the powers, duties, responsibilities or functions vested in, or delegated to, the Chief Executive under this Act or any other Act.\n\t(3)\tA delegation under this section is revocable at will, and does not prevent the exercise or performance of any power, duty, responsibility or function by the Minister or Chief Executive.\n","sortOrder":2},{"sectionNumber":"Div 2","sectionType":"division","heading":"Objectives and powers of the Minister and the Department","content":"Division 2—Objectives and powers of the Minister and the Department\n10—Objectives of the Minister and the Department\n\t(1)\tThe objectives of the Minister and the Department under this Act are—\n\t(a)\tto promote the welfare of the community generally and of individuals, families and groups within the community; and\n\t(b)\tto promote the dignity of the individual and the welfare of the family as the bases of the welfare of the community,\nin the following manner:\n\t(c)\tby providing, assisting in the provision of or promoting services designed to assist individuals or groups to overcome the personal or social problems with which they are confronted;\n\t(d)\tby providing, assisting in the provision of or promoting services designed to reduce the incidence of disruption of family relationships, to mitigate the adverse effects of such disruption, to support and assist families under stress and to enhance the quality of family life;\n\t(e)\tby providing, assisting in the provision of or promoting services designed to assist migrants, members of ethnic communities, aboriginals, children, youth, aged persons, unemployed persons, women, mentally or physically handicapped persons, single parents, persons who live in isolated areas or any other section of the community to overcome the disadvantages suffered by them, and to participate to the greatest possible extent in the life of the community;\n\t(f)\tby providing individuals or families in need or distress with assistance by way of grants or loans of money or commodities, accommodation, financial counselling or any other form of assistance;\n\t(g)\tby providing, assisting in the provision of or promoting services designed to assist people to enrich their lives, or to develop their personalities and capabilities;\n\t(h)\tby encouraging or assisting in the provision of welfare services by volunteers and non-government groups or organisations;\n\t(i)\tby encouraging or assisting any section of the community to develop its own welfare services;\n\t(j)\tby providing, or assisting in the provision of, training or instruction for persons working, or proposing to work, in the field of welfare services;\n\t(k)\tby keeping the public informed as to all the welfare services, whether government or non-government, that are available and how they may be obtained;\n\t(l)\tby promoting a better understanding throughout the community of the problems or disadvantages faced by various sections of the community;\n\t(m)\tby instituting, assisting in or promoting research in the field of welfare services;\n\t(n)\tby collecting, or assisting in the collection of, data and statistics in relation to the problems and disadvantages faced by the various sections of the community, and to the provision of family and community services;\n\t(o)\tby promoting the co-ordination of all family and community services, whether government or non-government, and the efficient use of resources for the provision of those services;\n\t(p)\tby collaborating and consulting with other government departments of this State, with non-government organisations that provide, or support or promote the provision of, family and community services, and with those government departments of the Commonwealth and the other States and Territories of the Commonwealth that are involved in the provision of family and community services;\n\t(q)\tby keeping the services provided by the Department and the policies of the Department under constant review and evaluation;\n\t(r)\tby doing such other things as may be necessary or desirable for the purposes of achieving those objectives.\n\t(2)\tThe Minister and the Department, in providing any service, must endeavour to preserve and foster the dignity, self-respect and independence of the persons to whom the service is being provided.\n\t(3)\tThe Minister and the Department, in providing any service, must not discriminate against or in favour of any person on the ground of sex, marital status, mental or physical impairment, religion, race or nationality, except so far as it is necessary to do so for the purpose of assisting a person to overcome any social or other disadvantage arising out of his or her sex, marital status, mental or physical impairment, religion, race or nationality.\n\t(4)\tThe Minister and the Department must, in administering this Act, take into consideration the different traditions, cultural values and religious beliefs of ethnic or racial groups within the community.\n\t(5)\tThe Minister, for the purpose of giving effect to the provisions and objects of this Act, may—\n\t(a)\temploy the resources of the Department in such manner as the Minister thinks fit; and\n\t(b)\testablish any facility; and\n\t(c)\tacquire land in accordance with the provisions of the Land Acquisition Act 1969; and\n\t(d)\tperform any other action that may be necessary or expedient for that purpose.\n","sortOrder":3},{"sectionNumber":"Div 4","sectionType":"division","heading":"Community aides","content":"Division 4—Community aides\n16—Appointment of community aides\n\t(1)\tThe Chief Executive Officer may appoint such persons as he or she thinks fit to act in a voluntary capacity as community aides.\n\t(2)\tSubject to subsection (3), a community aide will be appointed upon such terms and conditions as the Chief Executive Officer thinks fit and specifies in the instrument of appointment.\n\t(3)\tThe term of office for which a person may be appointed as a community aide must not exceed one year in respect of his or her first term of office, and two years in respect of subsequent terms of office.\n\t(4)\tUpon the expiration of a term of office, a community aide is eligible for re‑appointment.\n\t(5)\tThe Chief Executive Officer may, at any time, by instrument in writing addressed to a person appointed as a community aide under this section, remove the person from the office of community aide.\n17—Duties and functions\nA community aide has the following duties and functions:\n\t(a)\tto act subject to the direction and supervision of an employee of the Department in the establishment and furtherance of programmes designed to promote any aspect of family or community welfare; and\n\t(b)\tany other duties and functions that the Chief Executive Officer may determine to be appropriate to a community aide.\n18—Allowances in respect of expenses\nThe Chief Executive Officer may, with the approval of the Minister, pay to a community aide such allowances to reimburse the community aide for expenses incurred or to be incurred in the course of his or her duties as the Chief Executive Officer thinks fit.\n19—Training of community aides\nThe Chief Executive Officer will arrange for a community aide to receive such orientation, education, training, support and supervision as the Chief Executive Officer thinks fit.\n20—Register\n\t(1)\tThe Chief Executive Officer must cause a register of community aides to be kept.\n\t(2)\tThe name of any person who has ceased to be a community aide by reason of expiration of a term of office, resignation or removal from office, or any other reason, must be removed from the register.\n","sortOrder":4},{"sectionNumber":"Part 3","sectionType":"part","heading":"The provision of family and community services","content":"Part 3—The provision of family and community services\nDivision 1—Provision of local services\n22—Provision of services from family and community services centres and other places\n\t(1)\tThe Minister must endeavour, as far as is practicable, to make the services provided by the Department available to members of the public within the localities in which they live, and at, or near to places where people congregate, whether for the purposes of employment, recreation, education, medical treatment or any other purpose.\n\t(2)\tA family and community services centre established by the Minister may be used, with the Minister's approval, by any other department, person or agency for the furtherance of the welfare of the local community.\nDivision 2—Special welfare funds\n23—Special funds\n\t(1)\tThe following funds will be maintained by the Minister:\n\t(a)\ta fund for the Family and Community Development Programme; and\n\t(b)\ta fund for the Early Intervention and Substitute Care Programme.\n\t(2)\tEach fund will consist of such money as is, from time to time, provided by Parliament for the purpose of the fund and the money appropriated to the fund by the Minister from any other source.\n\t(3)\tThe Minister may apply any portion of the Family and Community Development Programme fund towards the costs incurred, or to be incurred, by any person or group of persons in establishing, operating, maintaining, supporting, promoting or extending any service, project or facility that will advance the welfare of children, youth or any other section of the community.\n\t(4)\tThe Minister may apply any portion of the Early Intervention and Substitute Care Programme fund towards the costs incurred by any person or group of persons in establishing, operating, maintaining, supporting, promoting or extending—\n\t(a)\ta residential care facility for children; or\n\t(b)\tan out of home care service for children and young people (within the meaning of the Children and Young People (Safety) Act 2017); or\n\t(c)\ta service, project or facility designed for the purposes of reducing the occurrence, or mitigating the adverse effects, of the placement of children in out of home care (within the meaning of the Children and Young People (Safety) Act 2017).\n\t(5)\tAn application for the allocation of money under this section must be made to the Minister in a manner and form approved by the Minister.\n\t(6)\tThe Minister may allocate money under this section on such conditions as the Minister thinks fit.\n","sortOrder":5},{"sectionNumber":"Div 3","sectionType":"division","heading":"Contracts for services","content":"Division 3—Contracts for services\n24—The Minister may enter into agreements for services\n\t(1)\tThe Minister may enter into agreements for the provision or promotion of family or community welfare services or other related services.\n\t(2)\tSubject to subsection (3), the Minister may enter into such an agreement with—\n\t(a)\ta person or group of persons with appropriate experience, qualifications or expertise in the provision or promotion of the relevant services; or\n\t(b)\tan organisation, established for the purpose of providing or promoting family or community welfare services, or other related services, that employs staff with appropriate experience, qualifications or expertise in the provision or promotion of the relevant services; or\n\t(c)\ta local government authority.\n\t(3)\tThe Minister should avoid, so far as practicable, entering into agreements providing for long-term care of persons in need of such care unless satisfied that the other parties to the agreement do not enter into those agreements with the object of making a profit.\nPart 4—Support services for children\nDivision 2—Services and facilities for children\nSubdivision 2—Establishment of certain facilities and programmes for children\n36—Establishment of facilities and programmes for children\n\t(1)\tThe Minister will establish—\n\t(b)\tsuch residential care facilities and other facilities and programmes as the Minister thinks necessary or desirable for children who are in need of care and protection; and\n\t(c)\tsuch other facilities or programmes for the care, support, assistance or welfare of children as the Minister thinks fit.\n\t(2)\tA residential care facility or other facility established under this section will be under the control of the Minister, and the Chief Executive must ensure that proper standards of administration are observed in the management of every such facility.\n\t(3)\tAll members of Parliament, judges and any other person authorised in writing by the Minister are entitled to visit a residential care facility or other facility established under this section.\nPart 6—Maintenance obligation\nDivision 1—Maintenance orders\nSubdivision 1—Orders with respect to children\n98—Liability of near relatives for maintenance of child\n\t(1)\tThe near relatives of any child (including a child under the guardianship of the Minister or the Chief Executive under the Children and Young People (Safety) Act 2017) are liable to pay for, or contribute towards, the cost of maintenance of the child according to their respective financial capacities.\n\t(2)\tThe parents of a child are primarily liable under subsection (1) to pay for the maintenance of the child and any step-parent of the child is liable to pay for, or contribute towards, its maintenance only in the event of the death, disappearance (reasonable inquiries having been made) or financial incapacity of the parents or any combination of those circumstances applying in relation to the parents.\n99—Issue of summons for maintenance\n\t(1)\tUpon complaint that any person is a near relative of a child, and is able to pay for or contribute towards the maintenance or past maintenance of the child, any justice may summon that person to appear before the Magistrates Court, at a time and place to be specified in the summons, to show cause why the person should not pay for or contribute towards, the past or future maintenance of the child.\n\t(2)\tA complaint under this section in respect of a child under the guardianship of the Minister or the Chief Executive under the Children and Young People (Safety) Act 2017 will be made by the Minister.\n\t(3)\tA justice may, instead of issuing a summons, issue a warrant for the apprehension of any person against whom a complaint has been made under this section, and for the person's detention until the hearing of the complaint, unless that person enters into a bond with or without guarantors, in such sum or sums as the justice directs, conditioned upon the person's appearance at the hearing of the complaint.\n100—Order for payment of maintenance\n\t(1)\tAt the time and place appointed for the hearing of the complaint the court may adjourn the hearing, and may summon any other persons alleged to be near relatives to appear at the time appointed for the adjourned hearing; and may, at the original or any adjourned hearing, if it is satisfied that the persons summoned, or any of them, are near relatives of the child, and are able to pay for, or contribute towards, the past or future maintenance of the child, order payment to be made by those near relatives, or one or more of them—\n\t(a)\tof such sum (which the court may order to be paid by instalments) for past maintenance of the child as the court considers sufficient; and\n\t(b)\tof such weekly or other periodical sum for the future maintenance of the child, and for such period, as the court considers sufficient.\n\t(2)\tIf an order is made against two or more near relatives, the sums or proportions payable by each will be fixed by the court.\n\t(3)\tNotwithstanding any provision in any other Act to the contrary, an order for the payment of money for past maintenance under this section is not limited to payment of money for maintenance in respect of the period of six months prior to the making of the complaint, but may also relate to the payment of money for maintenance in respect of any prior period.\n101—Complaints in respect of maintenance of two or more children\n\t(1)\tWhere a person is a near relative of two or more children, a complaint under this Division may be made against that person in relation to the maintenance of all or any of the children; and the court may, upon that complaint, make orders in accordance with this Division for the payment of money for the maintenance of all or any of the children.\n\t(2)\tA separate order must be made in respect of each child for whose maintenance a payment is ordered.\n\t(3)\tA complaint under this Division may be made against any number of persons alleged to be liable for the maintenance of the same children.\n","sortOrder":6},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Orders etc in affiliation cases","content":"Subdivision 2—Orders etc in affiliation cases\n102—Court may adjudge defendant to be father of child in affiliation cases\nUpon the hearing of an affiliation case, the court may, if satisfied upon the evidence that the defendant is the father of the child, adjudge him to be the father of the child.\n103—Warrant may issue in lieu of summons\nUpon complaint made in an affiliation case, a justice may, instead of issuing a summons issue a warrant for the apprehension of any person against whom a complaint has been made under this subdivision, and for his detention until the hearing of the complaint unless that person enters into a bond, with or without guarantors, in such sums as the justice directs, conditioned upon his appearance at the hearing of the complaint.\n104—Order for payment of preliminary expenses\n\t(1)\tWhere the Magistrates Court, upon complaint made by or on behalf of a woman, is satisfied—\n\t(a)\tthat she is pregnant by the defendant (not being her spouse) or has been delivered of a child or a stillborn child of whom the defendant (not being her spouse) is the father; and\n\t(b)\tthat he has not made adequate provision for the payment of the preliminary expenses in respect of the confinement,\nthe court may order the defendant to pay to the Chief Executive such amount as it thinks reasonable for or towards those preliminary expenses.\n\t(2)\tA complaint under this section may be made at any time during the pregnancy of the woman, or within two years after the birth of the child, but the court must not make an order under this section before the birth of the child unless it is satisfied by the evidence, or by the certificate, of a legally qualified medical practitioner that the woman is pregnant.\n\t(3)\tThe court must not receive in evidence the certificate of a legally qualified medical practitioner unless the defendant consents to the admission of that certificate.\n\t(4)\tThe adoption of a child does not prevent the court from making an order for preliminary expenses under this section nor does it affect the validity or operation of any order for preliminary expenses in respect of the child.\n105—Where order made during pregnancy\n\t(1)\tWhere an order is made for payment of, or contribution towards, preliminary expenses during the pregnancy of the woman, the order must—\n\t(a)\tspecify a date on which the order will cease to have effect if the woman has not then been delivered of a child; and\n\t(b)\tdirect that all money payable for preliminary expenses must be paid to the Chief Executive.\n\t(2)\tWhere—\n\t(a)\tthe woman is not delivered of a child before the date specified in the order; or\n\t(b)\tthe woman is delivered of a stillborn child before the date so specified, and there is no other surviving child born to the woman during the same confinement,\nthe order ceases to have effect on the date specified in the order, or at the end of the third month after the delivery of the stillborn child, as the case may require.\n\t(3)\tWhere an order ceases to have effect on a date specified in it pursuant to the provisions of subsection (1), any money paid under the order and not disbursed must be repaid to the defendant.\n\t(4)\tWhere an order ceases to have effect at the end of the third month after the delivery of a stillborn child any money paid under the order and not disbursed must, as directed by the court—\n\t(a)\tbe paid to the woman; or\n\t(b)\tbe repaid to the defendant; or\n\t(c)\tbe divided between the woman and the defendant in such proportions as the court thinks fit.\n\t(5)\tWhere an order is made for payment of, or contribution towards, preliminary expenses during the pregnancy of a woman, the court may, at any time while the order is in force, give such directions in writing as it thinks proper with respect to the disbursement of any amounts paid under the order, but not so as to direct the disbursement, before the woman is delivered of a child or a stillborn child, of amounts that exceed in aggregate one-half of the amount to be paid under the order.\n106—Order may be made, without complaint, in proceedings against father\nNotwithstanding any other provision of this Act, an order for preliminary expenses may be made by the Magistrates Court, without a separate complaint having been made, in any proceedings against the father for the maintenance of the child and the order may be made separately, or may be included in any other order against the father.\n107—Power of court to make order for future maintenance of child upon complaint for preliminary expenses\n\t(1)\tWhere an order for payment of, or contribution towards, preliminary expenses is made before the birth of the child to which it relates and it appears desirable to the court to provide the child with adequate means of support, the court may order the father to pay such amount as it thinks reasonable for or towards the maintenance of the child from the expiration of three months after its birth.\n\t(2)\tAn order made under subsection (1) is not enforceable under this Act and has no force or effect unless a certified copy of the registration of the birth of the child is produced to the court.\n\t(3)\tAn order made under subsection (1) does not take effect if the child to whom it relates is stillborn, or dies, or is adopted before the order would otherwise take effect.\n\t(4)\tAn order under subsection (1) must not be made requiring a person to make payments for or towards the maintenance of a child unless—\n\t(a)\tthe person has consented to the making of the order; or\n\t(b)\tthe person has been given notice of the complainant's intention to apply for the order.\n\t(5)\tWhere a certified copy of the registration of the birth of the child in relation to whom an order has been made under subsection (1) is produced to the court, a Registrar must send by post to the defendant at his usual or last-known place of residence or business notice in writing of the name of the child (if shown in the certified copy of the registration of the birth of the child) and of the date and place of birth of the child and the date on which and the place at which the first payment under the order is required to be made.\n108—Compellability of defendant as witness in affiliation cases\n\t(1)\tOn the hearing of any affiliation case, the defendant is compellable to give evidence, and may be summoned as a witness for that purpose.\n\t(2)\tThe defendant is not excused from giving evidence relevant to the matter of the complaint on the ground that the evidence might prove or tend to prove him guilty of the matter alleged against him.\n109—Liability for contribution toward preliminary expenses and maintenance\n\t(1)\tIf on the hearing of any complaint in respect of any affiliation case it is proved to the satisfaction of the court that the defendant, or any other male person over the age, or apparently over the age, of 18 years had sexual intercourse with the mother of the child at any time so that, in the opinion of the court, the defendant or other male person may possibly be the father of the child, the court may, upon the hearing (and, in the case of a male person other than the defendant, without the necessity of any complaint against that person) make an order against the defendant or other male person for contribution towards the preliminary expenses in respect of the mother's confinement and also, if the court thinks fit, towards the maintenance of the child.\n\t(2)\tNo order may be made under subsection (1) unless the male person has been given the opportunity of being heard by the court in respect of the making of the order.\n\t(3)\tAn order or orders may be made under subsection (1) against any number of male persons as provided in that subsection.\n\t(4)\tAn order made pursuant to this section may be enforced and all further proceedings in relation to the order may be taken as if it were an order made against a near relative of the child for the payment of money for the maintenance of the child.\n\t(5)\tIn every case where a complaint is made to the court for the making of an order under this section and the complaint is dismissed by the court, a memorandum of dismissal must then be made by the court.\n\t(6)\tThe court will not make an order under this section if it is satisfied that at the time of the conception of the child, the mother was a common prostitute.\n110—Power to lay complaint for support of child born outside marriage against one or more persons\n\t(1)\tA complaint may be made under this Act by the Minister against one or more male persons over the age of 18 years at the time of the making of the complaint alleging that the male person or persons have had sexual intercourse with the mother of a child born outside marriage at a time or times such that the male person or any one of the male persons may possibly be the father of the child.\n\t(2)\tUpon complaint under this section, any justice may summon the male person or persons or any of them to appear before the Magistrates Court, at a time and place to be specified in the summons, to show cause why he or they should not contribute towards or pay for the past or future maintenance of the child and the preliminary expenses in respect of the confinement of the mother.\n\t(3)\tA justice may, instead of issuing a summons, issue a warrant for the apprehension of any person against whom a complaint has been made under this section and for his detention until the hearing of the complaint, unless that person enters into a bond with or without guarantors, in such sums as the justice directs, conditioned upon his appearance at the hearing of the complaint.\n\t(4)\tAt the hearing of the complaint, if the court is satisfied that any one or more of the male persons had sexual intercourse with the mother of the child at a time such that he or any of them may possibly be the father of the child, the court may make an order against him or them for contribution towards the maintenance of the child and also, if the court thinks fit, towards the preliminary expenses in respect of the confinement of the mother.\n\t(5)\tAn order made pursuant to this section may be enforced and all further proceedings in relation to the order may be taken as if it were an order made against a near relative of the child for the payment of money for the maintenance of the child.\n\t(6)\tIn any proceedings under this section, an allegation in the complaint that any specified person was at the time of the making of the complaint over the age of 18 years will be taken to be proved in the absence of proof to the contrary.\n111—Power of Chief Executive to accept settlement in full\n\t(1)\tWhere a person is liable or, without a complaint being made against him under this Act, admits liability to pay for or contribute towards the preliminary expenses in respect of the confinement of the mother of a child born outside marriage or the maintenance of the child, the Chief Executive may, with the approval of the Minister, accept from that person a sum of money in full settlement of all such liability.\n\t(2)\tOn payment of that sum no proceedings may be commenced or proceeded with by or on behalf of the mother or any other person in respect of the liability or expenses.\n\t(3)\tWhere the Chief Executive accepts a sum of money in settlement of liability under this section, that sum will be retained by the Chief Executive and applied at his or her discretion for the maintenance of the child or for the preliminary expenses in respect of the confinement, or both.\n112—Provision for blood tests\n\t(2)\tIn this section—\nblood test means a test for the purpose of ascertaining the inheritable characteristics of blood.\n\t(3)\tThe Magistrates Court may, at the request of the complainant or the defendant in an affiliation case, direct that the child in respect of whom the complaint was made, the mother of the child (if the mother is alive) and the defendant submit to blood tests.\n\t(4)\tA direction must not be given unless the child is at least six months old.\n\t(5)\tIn any such direction, the court must nominate a medical practitioner or an analyst to take such blood samples as may be necessary for the purpose of the blood tests, and to make the tests, and must also fix a period within which the child, the mother and the defendant, or the child and the defendant, as the case may be, are to attend upon the medical practitioner or analyst so nominated to enable the samples to be taken.\n\t(6)\tAny period so fixed may be extended by the court from time to time as the court thinks fit.\n\t(7)\tThe medical practitioner or analyst so nominated must be a person whose name is on a panel of names prepared by the Minister and published in the Gazette.\n\t(8)\tSubject to subsection (10), the fees of the medical practitioner or the analyst nominated in the direction and the costs and expenses in connection with the blood tests will, in the first instance, be paid by the Minister.\n\t(9)\tWhere a direction has been given by the court pursuant to this section—\n\t(a)\tthe proceedings in connection with the affiliation case must be stayed until the expiration of the period or extended period fixed under subsection (5) or (6); and\n\t(b)\tif the mother and child referred to in the direction do not, or either of them does not, or, where the mother is dead, the child referred to in the direction does not within that period or extended period, attend upon the medical practitioner or analyst nominated in the direction and permit the necessary blood samples to be taken for the purposes of the blood tests, the complaint, if made by or on behalf of the mother, must be dismissed, but otherwise must be set down for hearing; and\n\t(c)\tif the defendant does not within that period or extended period attend upon the medical practitioner or analyst so nominated and permit the necessary blood samples to be taken for the purposes of the blood tests, the complaint must be set down for hearing.\n\t(9a)\tWhere a direction has been given by the court pursuant to this section and the defendant refuses or without reasonable excuse fails to attend within the period or extended period fixed under subsection (5) or (6) upon the medical practitioner or analyst nominated in the direction and to permit the necessary blood samples to be taken for the purposes of the blood tests, the court may draw such inferences from that refusal or failure as it thinks fit.\n\t(10)\tIf, at the hearing, the court is satisfied that the facts alleged against the defendant are proved, the defendant must reimburse the Minister to the extent of all money paid by the Minister under subsection (8) in connection with the blood tests referred to in the direction, including the amount of the fees so paid to the medical practitioner or the analyst, and that amount may be recovered by the Minister by complaint to the Magistrates Court as a debt due to the Minister by the defendant.\n\t(11)\tThe medical practitioner or analyst nominated in the direction must, within such period as may be prescribed, carry out the blood tests and embody the results of the tests in a certificate in the prescribed form signed by the practitioner or analyst.\n\t(12)\tThe medical practitioner or analyst must forward the certificate to the court and a Registrar of the court must, within seven days of the receipt of the certificate, furnish a copy of it to the complainant and to the defendant.\n\t(13)\tThe certificate is admissible as evidence in any proceedings under this Part and is evidence of the facts and conclusions stated in it, but the court must on the application of the complainant or the defendant, or may on its own initiative, order the medical practitioner or the analyst to attend as a witness in the proceedings to be examined on such issues relating to the blood test and in such manner as the court thinks necessary and proper in the interests of justice.\n","sortOrder":7},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Orders for payment of medical and hospital expenses in connection with lawful termination of pregnancy","content":"Subdivision 3—Orders for payment of medical and hospital expenses in connection with lawful termination of pregnancy\n113—Orders re payment of medical expenses etc where pregnancy terminated\n\t(1)\tWhere the Magistrates Court is satisfied on complaint made by or on behalf of a female person—\n\t(a)\tthat the complainant has been pregnant but her pregnancy has been lawfully terminated otherwise than by the birth of a child; and\n\t(b)\tthat the defendant has had sexual intercourse with the complainant at such a time that the act of intercourse may have resulted in the pregnancy of the complainant,\nthe court may order the defendant to pay such amount as it considers reasonable for or towards the medical and hospital expenses incurred by the complainant in connection with the termination of the pregnancy.\n\t(2)\tThe court must not make an order under this section if it is satisfied that at the time of the act of sexual intercourse, the complainant was a common prostitute.\n","sortOrder":8},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"Orders for medical and other expenses","content":"Subdivision 4—Orders for medical and other expenses\n117—Order for payment of medical and like expenses\n\t(1)\tWhere the Magistrates Court, upon application made by or on behalf of any person for whose maintenance an order is for the time being in existence, is satisfied—\n\t(a)\tthat any medical, surgical, psychiatric, dental, hospital or nursing care or treatment by way of physiotherapy or chiropractic is or was reasonably required in respect of that person; and\n\t(b)\tthat the financial position of that person is and has been such as to preclude the person from making provision for or towards the cost of that care or treatment; and\n\t(c)\tthat the person against whom the order was made has not made adequate provision for or towards that cost and it is just and equitable in all the circumstances of the case that he or she pay, or contribute towards, that cost,\nthe court may order the person against whom the order was made to pay to the applicant or to the Chief Executive for or towards that cost such amount as it thinks reasonable.\n\t(2)\tFor the purposes of subsection (1)—\nmedical care includes—\n\t(a)\tthe supply of medicines, skiagrams, artificial limbs, eyes or teeth, crutches, splints, spectacles and other medical and surgical aids and curative appliances or apparatus including necessary renewals or replacements of them; and\n\t(b)\ttransport by a vehicle to a hospital or other place for medical examination or medical treatment and where necessary, transport from the hospital or place on the return journey.\n\t(3)\tFor the purposes of this section, but without limiting the generality of its application—\n\t(a)\ta child under the age of three months in respect of whose birth an order for the payment of preliminary expenses has been made under this Act and is in existence; and\n\t(b)\ta person in respect of whom an order for the payment of a merely nominal amount is in existence,\nwill be taken to be persons for whose maintenance an order is in existence.\n\t(4)\tWhere an order is made under this section for the payment of money for or towards the cost of any care or treatment referred to in subsection (1), the court may, at any time, give such directions in writing as the court thinks proper for the disbursement of the amount ordered to be paid but so that no money is disbursed before the care or treatment to which the payment relates has been rendered.\nDivision 3—Jurisdiction and powers of Magistrates Court\n130—General jurisdiction of courts of summary jurisdiction in respect of orders under this Part\n\t(1)\tSubject to this Act, but without limiting the jurisdiction of any court, the Magistrates Court has jurisdiction to hear and determine any complaint and to make and to discharge, suspend or vary any order of a kind provided for in this Part.\n\t(2)\tSubject to this Act, the court has jurisdiction to make an order under this Part by reason of facts and circumstances, whether or not those facts or circumstances, or some of them, took place before the commencement of this Act or outside this State—\n\t(a)\tif the person against whom the order is sought is resident in this State; or\n\t(b)\tif the person for whose benefit the order is sought is resident in this State.\n\t(3)\tNothing in this Act limits or affects the operation of any provision of any other Act by which any person is or may be required to make contribution to, or payment on account of, the maintenance or support of any other person.\n131—Orders directing payment of nominal sum only\n\t(1)\tWhere, upon the hearing of a complaint under Division 1 upon which an order for maintenance may be made, the Magistrates Court is satisfied that it would make an order for the maintenance of the complainant but for the fact that the defendant is not presently able to contribute to the support of that person, the court may nevertheless make an order setting out its findings on the complaint and directing the payment by the defendant of a merely nominal amount in respect of that person.\n\t(2)\tProceedings cannot be taken under this Act to enforce payment of the nominal amount directed to be paid by an order where the sum due under the order is less than ten dollars but, if that amount is varied under any provision of this Part, proceedings may be taken to enforce payment of any amount payable under the order as varied.\n133—Interim orders for payment of maintenance\n\t(1)\tWhere the hearing of a complaint under Division 1 is adjourned for a period of not less than seven days the court may order the defendant to pay for or towards the maintenance of the person to whom the complaint relates such amount as it thinks reasonable.\n\t(2)\tAn order under this section is not subject to suspension, variation or appeal and remains in force until the expiration of a period of three months from the date on which the order is made or until the complaint again comes before the court (whichever first occurs).\nDivision 4—Provisions relating to the commencement and duration of orders and to evidentiary matters\n","sortOrder":9},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Commencement and duration of orders","content":"Subdivision 1—Commencement and duration of orders\n134—Orders for maintenance of children etc\nExcept as otherwise provided in this Division—\n\t(a)\tan order cannot be made under this Part in respect of a child who has attained the age of 18 years; and\n\t(b)\texcept where arrears are due under the order and to the extent of those arrears, an order for the maintenance of a child ceases to have effect when the child attains the age of 18 years, marries, dies or is adopted or the person against whom the order was made dies, whichever first occurs.\n135—Maintenance after child's eighteenth year\n\t(1)\tUpon complaint or application to the Magistrates Court made by or on behalf of a child (including a child who has attained the age of 18 years), if the court is satisfied that it is necessary to make an order under this section—\n\t(a)\tfor the purposes of enabling the child to undertake or complete a course of education or training that will fit the child for a profession, trade or occupation in which to earn a livelihood; or\n\t(b)\tif the child is unable to earn a livelihood by reason of physical or mental incapacity—for the purposes of maintaining him or her,\nthe court may make an order against a near relative for maintenance in respect of the child that will be in force, or vary an existing order for maintenance in respect of the child so that it will be in force, for an amount specified in the order and for a period specified in the order that commences after or continues beyond the date at which the child attained or will attain the age of 18 years.\n\t(2)\tThis section does not apply—\n\t(a)\tin respect of a course of education or training commenced after a child attains the age of 21 years; or\n\t(b)\tin respect of any physical or mental incapacity occurring after a child attains the age of 18 years.\n\t(4)\tThe amount specified in an order under this section may include such allowance for or towards the expenses incurred or to be incurred in undertaking or completing a course of education or training as the court thinks proper.\n136—Orders for support of wife, husband or child may include provision for past maintenance\nUnless otherwise provided by this Act an order under this Part for the maintenance of a person may, whether or not an application for that purpose has been made, be made to take effect from a past date not being earlier than a date that the court thinks reasonable, and where an order takes effect from a past date the court may direct the past maintenance to be paid in one sum or by such instalments as the court directs.\n138—Recovery of arrears after cessation of order\n\t(1)\tThe fact that an order under this Act for the maintenance of a person ceases to have effect by virtue of this Act does not prevent the enforcement of the order or the recovery of any money due under the order, so far as it relates to any period, or to past maintenance of a person during any period, before it ceased to have effect.\n\t(2)\tSubsection (1) does not apply where the order ceased to have effect by reason of the death of the defendant.\nSubdivision 2—Evidentiary provisions\n140—Evidence of mother as to paternity of child born outside marriage etc not to be accepted without corroboration except in certain cases\nUpon the hearing of a complaint under this Part with respect to a child born outside marriage the evidence of a woman that the defendant (not being her spouse) is the father of her child or that she is pregnant by the defendant (not being her spouse) must not be accepted without corroboration in a material particular except in the following cases:\n\t(a)\twhere the defendant is present in court during the hearing of the complaint and does not give evidence on oath denying that he is the father of the child or that the woman is pregnant by him;\n\t(b)\twhere the defendant is not present in court during the hearing of the complaint and the court is satisfied that he was duly served personally with a summons to attend the court;\n\t(c)\twhere a direction has been given by the court pursuant to section 112 and the defendant refuses or without reasonable excuse fails to attend within the period or extended period fixed under that section upon the medical practitioner or analyst nominated in the direction and to permit the necessary blood samples to be taken for the purposes of the blood tests directed by the court,\nand in any of those cases the court may, subject to this Act, in its discretion accept the uncorroborated evidence of the woman as sufficient evidence of the fact that the defendant is the father of the child or that she is pregnant by him.\n141—Proof of marriage\nSubject to section 142, upon the hearing of a complaint under this Part by one party to a marriage against the other party to the marriage, the person making the complaint must—\n\t(a)\tproduce direct evidence of the marriage with the person against whom the complaint is made; or\n\t(b)\tgive evidence on oath of the time, place and circumstances of the marriage.\n142—Evidentiary provision\nUpon the hearing of any complaint made by the Minister, an allegation in the complaint—\n\t(a)\tthat the person complained against is a near relative of a child and liable to maintain the child; or\n\t(b)\tthat the person complained against is able to contribute to the maintenance of the child; or\n\t(c)\tthat any sum has been expended upon, or is due or owing for, or in respect of, the maintenance of a child; or\n\t(e)\tthat a child is under the guardianship of the Minister pursuant to any Act; or\n\t(f)\tthat a child is under the guardianship of the Chief Executive under the Children and Young People (Safety) Act 2017 pursuant to an order under that or any other Act,\nwill be taken to be proved in the absence of proof to the contrary.\n","sortOrder":10},{"sectionNumber":"Div 5","sectionType":"division","heading":"Provisions relating to the discharge, suspension, variation and revival of orders","content":"Division 5—Provisions relating to the discharge, suspension, variation and revival of orders\n143—Application of Division\nThis Division applies and has effect subject to any other provision of this Act relating to the discharge, suspension or variation of any order made under this Part.\n144—General power to discharge, suspend or vary order\n\t(1)\tUpon application made by the Minister or by or on behalf of a person in whose favour or against whom an order (including an order as varied) has been made or is taken to have been made (being an order of a kind provided for in this Part), the Magistrates Court may, subject to this Division, at any time make an order discharging the order, suspending the order in whole or in part until a specified day or until further order, or varying the order.\n\t(3)\tAn order must not be discharged, suspended or varied under this Division unless the court is satisfied—\n\t(a)\tthat the order or, if the order has been varied, the original order or any order varying the original order was obtained by fraud or upon the basis of the existence of a marriage that did not in fact exist; or\n\t(b)\tthat the means of the person for whose benefit the order was made or the means and ability to pay of the person against whom the order was made have so altered as to justify the discharge, suspension or variation of the order; or\n\t(c)\tthat new facts or circumstances have arisen that have not previously been disclosed to a court in any proceedings in connection with the order and that by reason of those facts or circumstances it is reasonable to discharge, vary or suspend the order; or\n\t(d)\tthat facts or circumstances were in existence at the time of the making of the order or, if the order has been varied, the original order or any order varying the original order, that have not previously been disclosed to a court in any proceedings in connection with the order and that were not and could not by the exercise of reasonable diligence have previously been known to the party by whom or on whose behalf the discharge, suspension or variation of the order is presently sought and that by reason of those facts or circumstances it is reasonable to discharge, vary or suspend the order.\n\t(4)\tAn order provided for under this Part that is in force may be discharged or varied from any past or future day or may be suspended from any past or future day or in respect of any past or future period.\n\t(5)\tAn order that has ceased to have effect may be discharged or varied from any past day or may be suspended from any past day or in respect of any past period.\n\t(6)\tThe fact that the defendant is in default in complying with an order does not preclude the discharge, suspension or variation of that order.\n145—Variation of order against near relative of child\n\t(1)\tAny justice, on the complaint of a near relative liable upon an order for the maintenance of a child made under this Part, may summon all or any of the persons alleged in the complaint to be near relatives of the child to appear before the Magistrates Court at a time and place to be appointed in the summons, and must give notice of the summons to the Chief Executive.\n\t(2)\tAt the time and place so appointed, or at any adjourned hearing of the complaint, the court may make further inquiry as to the relationship to the child of the complainant and the persons summoned and as to their respective financial capacity to maintain or contribute to the maintenance of the child, and may make such order as appears just—\n\t(a)\tincreasing, reducing, or varying the periodical sum to be paid by the complainant; or\n\t(b)\tsuspending for a specified time, or annulling, the previous order; or\n\t(c)\tdirecting that the persons so summoned, or any one or more of them, must pay for or contribute towards the maintenance of the child,\nor may make such other order not inconsistent with this Act as appears just.\n\t(3)\tSubsection (2) does not authorise the Magistrates Court to annul an adjudication of paternity made in affiliation proceedings.\n146—Effect of suspension order\n\t(1)\tWhere an order provided for under this Part is suspended until a specified day, the order, unless earlier revived pursuant to this Division, will without any further or other order revive and again take effect upon the specified day.\n\t(2)\tWhere an order is suspended until further order, it does not again take effect unless and until an order reviving it is made under this Division.\n\t(3)\tSubject to subsection (4), the fact that an order provided for under this Part is suspended does not prevent the enforcement of the order so far as it relates to any period before the day as from which the suspension took or takes effect.\n\t(4)\tWhere an order provided for under this Part is suspended, the court may order that the whole or any part of any money owing under the order as at the day from which the suspension took or takes effect is not recoverable under this Act during the period of the suspension.\n147—Plural births\nWhere an order under this Part for the maintenance of a child is made before the birth of the child and two or more children are born, an application may be made under this Part for variation of the order to provide for the maintenance of the additional child or children.\n148—Power of court to revive suspended order\n\t(1)\tWhere an order under this Part has been made and has been suspended under this Division until a specified day or until further order, the Magistrates Court may, upon application made by or on behalf of the Minister or any person for whose benefit the order was made, make an order reviving the suspended order in whole or in part, with or without variation, as the court thinks fit.\n\t(3)\tA suspended order may be revived from any past day or any future day (not being a day subsequent to the expiration of the period of the suspension) specified in the reviving order and will from that day have and (where necessary) be taken to have effect accordingly.\n\t(4)\tWhere the court revives an order from a past day it may direct that payment in respect of any period before the date of the reviving order be made in one sum or by such instalments as the court specifies in the reviving order.\n","sortOrder":11},{"sectionNumber":"Div 6","sectionType":"division","heading":"Procedural","content":"Division 6—Procedural\n149—Complaints\n\t(1)\tWhere a complaint is made under this Act and unless express provision is otherwise made by this Act, a justice—\n\t(a)\tmay issue a summons addressed to the defendant commanding the defendant to attend the court upon the hearing of the complaint; or\n\t(b)\tif satisfied by oath that the whereabouts of the defendant is unknown to the complainant or that the defendant has moved or is about to move out of the State or to a distant part of the State, may issue a warrant for the apprehension of the defendant and for bringing the defendant before a court pursuant to this Act.\n\t(2)\tTwo or more complaints made against a defendant by a complainant, whether on the complainant's own behalf, on behalf of other persons or both on the complainant's own behalf and on the behalf of other persons, may be joined in the one form of complaint.\n\t(3)\tWhere two or more complaints are joined in the one form of complaint—\n\t(a)\tone summons or warrant may be issued in respect of those complaints; and\n\t(b)\tthose complaints will, unless the court otherwise orders, be heard and determined by the court at the same time; and\n\t(c)\tthe court may make one order in respect of those complaints but the order will be taken to be a separate order in respect of each of the complaints in respect of which it was made.\n\t(4)\tWhere complaints for maintenance of a child are made against a number of different persons, the complaints may, if the court thinks fit, be heard and determined by the court at the same time.\n150—Complaints in affiliation cases\nNo complaint in an affiliation case may be made except—\n\t(a)\tby or on behalf of the mother of the child in relation to whom the complaint is made; or\n\t(b)\tby or on behalf of the child itself; or\n\t(c)\tby the Minister.\n151—Orders may direct mode of payment\nExcept as otherwise provided by this Act, an order made by a court under this Act for the payment of money may direct that—\n\t(a)\tthe money be paid to the Chief Executive or to some other person at a place specified in the order; or\n\t(b)\tthe money payable under the order be paid in a lump sum, or periodically or by instalments or partly in a lump sum and partly periodically or by instalments in accordance with the direction of the court.\n152—Non-appearance of defendant\n\t(1)\tIf a defendant to whom a summons has been issued does not appear in accordance with the summons or on any day to which the hearing of the summons is adjourned, the court, upon proof of the service of the summons, may issue a warrant for the apprehension of the defendant and for bringing the defendant before the court, or may proceed with the hearing of the complaint in the absence of the defendant.\n\t(2)\tWhere a warrant has been issued for the apprehension of the defendant (whether in the first instance or upon the defendant failing to appear in accordance with a summons) and the court is satisfied that after strict inquiry and search the defendant cannot be found, the court may proceed to hear the complaint in the absence of the defendant.\n\t(3)\tThe inquiry and search made for the defendant for the purposes of this section may be proved by evidence given orally or by the affidavit of the person or persons who made the inquiry and search.\n153—Court may set aside order made in the absence of the defendant\n\t(1)\tWhere the court proceeds pursuant to the provisions of this Division to make an order against the defendant in the defendant's absence, the defendant may, within 28 days after the order comes to the defendant's knowledge, make application to the court to set aside the order and to re-hear the matter of the complaint in respect of which the order was made.\n\t(2)\tNotice in writing of intention to make any such application must be lodged with the court and a copy of it must be served on the complainant either personally or by registered post a reasonable time in the circumstances before the day specified in the notice for the making of the application.\n\t(3)\tUpon proof of service of the notice the court may, if it thinks it just in the circumstances of the case so to do, set aside the order made in the absence of the defendant on such terms as to costs as it thinks fit and may proceed to hear and determine the matter of the complaint or, in the absence of the complainant, may adjourn the matter of the application to some other time or place and may direct such notice as the court thinks fit of the adjourned hearing to be given to the complainant.\n154—Court may require defendant to state his or her employer etc\n\t(1)\tIn any proceedings in which maintenance is sought, or in which the enforcement of an order for maintenance is sought, the court may—\n\t(a)\tdirect the defendant to attend before the court at a time fixed by the court to be examined concerning his or her means and ability to comply with the order; or\n\t(b)\tdirect the defendant to state to the court or to furnish to the court within any time fixed by the court a statement signed by the defendant setting out—\n\t(i)\tthe name and address of the defendant's employer or, if the defendant has more than one employer, of each of them; and\n\t(ii)\tparticulars as to the defendant's earnings; and\n\t(iii)\tsuch other particulars as the court thinks necessary for the enforcement of the order; or\n\t(c)\tdirect any person who appears to the court to be indebted to the defendant or to be the employer of the defendant to give to the court, within any time fixed by the court, a statement signed by or on behalf of the person containing such particulars as are specified in the direction of the person's indebtedness to the defendant or of all the earnings of the defendant that became payable by that person during a specified period.\n\t(2)\tIf the defendant fails to comply with the direction, the court may upon proof that the direction was duly served upon the defendant, issue a warrant for the apprehension of the defendant.\n\t(2a)\tA direction under this section may be served upon a person—\n\t(b)\tby leaving a copy of it at the usual or last known place of residence or business of that person with some person, apparently over the age of 16 years, who apparently resides in that place of residence or is employed at that place of business; or\n\t(c)\tby sending a copy of it, by post, to that person's usual or last known place of residence or business.\n\t(3)\tA document purporting to be a statement referred to in subsection (1) is admissible in evidence in any proceedings under this Act relating to maintenance.\n\t(4)\tA person who—\n\t(a)\twithout reasonable cause or excuse refuses or fails to comply with a direction duly served on him or her under this section; or\n\t(b)\tin any statement made or notice furnished to a court pursuant to the provisions of this section, makes a statement that he or she knows to be false or misleading in a material particular or does not believe on reasonable grounds to be true,\nis guilty of an offence.\n","sortOrder":12},{"sectionNumber":"Div 7","sectionType":"division","heading":"Enforcement of orders and supplementary provisions","content":"Division 7—Enforcement of orders and supplementary provisions\nSubdivision 1—Attachment of property, caveats, warrants, disobedience of orders etc\n155—Attachment of property of persons against whom order is sought\n\t(1)\tWhere proceedings have been commenced by complaint under this Act in which—\n\t(a)\tan order for maintenance; or\n\t(b)\tan order for the enforcement of an order for maintenance,\nis, or will be sought, notice may be given—\n\t(d)\tto any ADI or other person having, or supposed to have, the care, custody, or control of any money or property, belonging or payable to, or standing to the credit of, any person complained against; or\n\t(e)\tto any person against whom the person complained against has any civil or statutory right to the payment of money,\nnot to pay or part with the possession of that money or property until the complaint has been heard and determined, and the money or property is, upon the giving of the notice, attached in the hands of the person who has the care, custody and control of it, who is compellable to give evidence on the hearing of the complaint as to all matters relating to or concerning the money or property.\n\t(2)\tMoney deposited by or on behalf of the person complained against in an account with an ADI or other person will, for the purposes of this section, be taken to be standing to the credit of the person complained against, notwithstanding that any condition relating to the account or payment under the account is unsatisfied.\n156—Order for delivery of attached property\n\t(1)\tThe court, on hearing a complaint in respect of which notice has been given to an ADI or other person under this Subdivision may, by order, direct that the money or property attached, or such portion of it as the court orders, be paid or handed over to the Chief Executive, or to the person entitled to receive the money under a maintenance order.\n\t(2)\tThe person having the care, custody, or control of the money or property attached must pay or hand it over accordingly, and on doing so, is discharged from all liability to its owner, or any person claiming under the owner in respect of the money or property so paid or handed over, and, except as to such portion of the money or property attached as the court may, within one month from the service of the notice of attachment, order to be so paid or handed over, the attachment is determined.\n157—Attachment may be pleaded\n\t(1)\tAny person who has received any notice attaching money or property in the person's care, custody, or control may, before the hearing of the complaint, after giving notice in writing of the application to the person by whom notice was given, apply to the Magistrates Court for an order setting aside the notice with respect to the whole or any part of the property or money subject to the notice.\n\t(2)\tAny such person may plead the notice in bar to any action or other proceeding that may be instituted against the person for the recovery of any such money or property by the owner or any person claiming under the owner.\n158—Liability of persons contravening order\nAny person who, after receipt of a notice attaching money or property in his or her care, custody or control—\n\t(a)\tpays or hands over any such money or property otherwise than in accordance with the order made by the court; or\n\t(b)\tneglects or refuses to comply with the order made,\nis personally liable to pay to the Chief Executive or the payee mentioned in the maintenance order the amount of money or an amount equal to the value of the property ordered to be paid or handed over, and such an amount may be recovered before a court in a summary way.\n159—Collection by police of money due to Chief Executive\n\t(1)\tSubject to the provisions of a maintenance order, any member of the police force must, when so directed in writing signed by the Chief Executive and countersigned by the Commissioner of Police, demand, collect, and receive from any person all sums of money due to the Chief Executive for which that person is liable under any maintenance order.\n\t(2)\tThe receipt in writing of any such member of the police force is a sufficient discharge for the person from whom the money was received of his or her liability to pay that money to the Chief Executive.\n160—Caveats\n\t(1)\tIf any person against whom a maintenance order has been made is the registered proprietor of any land, estate, or interest in land subject to the Real Property Act 1886 the Chief Executive may lodge with the Registrar-General a caveat signed by the Chief Executive against any dealings with that land, estate or interest.\n\t(2)\tParticulars of the order must be set out in the caveat and the Registrar-General must register the caveat, and it is not lawful for the Registrar-General without the consent of the Chief Executive to remove or discharge the caveat—\n\t(a)\tunless and until satisfied that all money due under the order has been fully paid and satisfied; or\n\t(b)\tunless ordered by the Supreme Court, or a Judge of that court, to remove the caveat.\n161—Warrant to enforce payments under orders\n\t(1)\tIf any money payable under a maintenance order is in arrear for one month, the Magistrates Court may, upon the application of the Chief Executive or any person to whom money is payable under the maintenance order, issue a warrant authorizing the Chief Executive or that person to receive the whole or any part of the rents, profits, and income of the real and personal estate of the person against whom the order was made, or to take or sell the estate and interest of that person in the real or personal estate, or in such part of that estate as the court may direct.\n\t(2)\tA person upon whom a warrant under this section is served must pay any money to which the warrant relates to the Chief Executive or some other person named in the warrant and, on doing so, is discharged from all liability to pay that money to the person against whom the maintenance order was made.\n162—Registration of warrant and effect thereof\nA warrant issued under section 161 may be registered in the same manner as a writ of fieri facias, and, from the time of registration, binds the estate or interest of the person liable under the order for maintenance in his or her real estate and chattel real property.\n163—Sale under warrant\nA sale under a warrant issued under section 161 may be by public auction or private contract for cash or on credit, or partly for cash and partly on credit, and subject to any conditions that the Chief Executive thinks expedient.\n164—Assurances to purchaser\n\t(1)\tThe Chief Executive or person authorized by the warrant to sell, may execute to the purchaser all such conveyances, assignments, memoranda of transfer, or other assurances of the property sold as the person against whom the order was made might have executed but for this Act, and the property so conveyed or assured vests in the purchaser accordingly.\n\t(2)\tThe Registrar-General must register every such memorandum of transfer, and cause such entries to be made and acts to be done, as may be necessary for giving effect to the sale.\n165—Issue of warrant without previous demand\n\t(1)\tNo notice or demand is necessary before a warrant is issued in respect of the real or personal estate of a person against whom a maintenance order has been made, or before any powers conferred by the warrant are exercised, but the Magistrates Court may before issuing any such warrant, require such notice (whether by post, advertisement, or otherwise) to be given to the person against whom the maintenance order is made as the court considers just.\n\t(2)\tUpon any application for the issue of a warrant, the person against whom the maintenance order was made is entitled to appear and be heard.\n\t(3)\tThe warrant is conclusive evidence that the power to sell is vested in the Chief Executive or in the person named in the warrant.\n166—Effect of payment under warrant\nThe payment to the Chief Executive or to the person named in any such warrant, is a good discharge to any tenant, purchaser, or other person for all money paid by him or her pursuant to the warrant.\n167—Application of money received under warrant\nThe rents, profits, and income, and the proceeds of any sale, received under any such warrant and the estate or interest in any real or personal estate taken under any such warrant must be applied firstly in payment of the costs of collection or sale; secondly, in payment of the costs of obtaining the warrant; thirdly, in paying any money due under the original order; and the balance must be applied in or towards future maintenance, or in such other manner as the Magistrates Court may direct.\n168—Bond or security for compliance with maintenance order\n\t(1)\tThe court may—\n\t(a)\tupon making a maintenance order, if it thinks fit, by the same or a separate order; or\n\t(b)\tupon complaint made by or on behalf of any person for whose benefit a maintenance order has been made, if it is satisfied that arrears of maintenance under the order are payable by the defendant or that the defendant intends to evade compliance with the order, by a subsequent order,\nrequire the defendant to enter into a bond with or without guarantors, in such sum as it thinks fit, or to give such security as it thinks fit, conditioned upon the defendant complying with the maintenance order and, where arrears of maintenance are payable, making such payments in respect of the arrears as are specified by the court.\n\t(2)\tThe court may, in default of a bond or security being entered into, or given, commit the defendant to prison for any period not exceeding three months, but, in that event, may at any time take such bond or security from the defendant as the court thinks sufficient and order that the defendant be discharged from prison.\n\t(3)\tNo order may be made requiring the defendant to enter into or give a bond or security or forfeiting a bond or security if the court is satisfied that the defendant has not and has not had and could not by reasonable effort have had the means and ability to comply with the maintenance order.\n169—Power to commit for failure to pay maintenance\n\t(1)\tWhere the Magistrates Court is satisfied, upon complaint made by or on behalf of any person for whose benefit a maintenance order has been made, that arrears of maintenance under the order are payable by the defendant, the court may order that the defendant be committed to prison in default of payment of the arrears for such term, not exceeding six months, as the court thinks proper in the circumstances.\n\t(1a)\tUpon the hearing of a complaint specifying a certain sum of money as arrears of maintenance, the Magistrates Court must, upon being satisfied by the complainant that a further sum of money has accrued under the order since the date of the complaint, amend the sum specified in the complaint as arrears of maintenance to include that further sum.\n\t(2)\tThe defendant is not liable to serve a term of imprisonment because of failure to pay an amount of arrears of maintenance in respect of which the defendant has already served a term of imprisonment pursuant to an order made under this section, but the liability to pay any such arrears is not discharged by imprisonment in respect of those arrears and the amount of any such arrears remains, until paid, a sum that may be recovered under any other provision of this Act.\n\t(3)\tWhere the court orders a person to be committed to prison under subsection (1), the court may, upon the making of the order or at any time thereafter, order that the issue of the warrant of commitment be suspended upon the condition that the defendant makes such payments in respect of the arrears of maintenance as are specified by the court, and duly pays all sums becoming payable under the maintenance order or the order for costs after the order for commitment.\n\t(4)\tWhere—\n\t(a)\tthe issue of a warrant of commitment has been suspended under this section; and\n\t(b)\tthe Magistrates Court, on complaint made by or on behalf of the person for whose benefit the maintenance order was made, is satisfied that payment by the defendant of the maintenance is in arrears in breach of the condition of the suspension,\nthe court may issue the warrant of commitment or may order that the issue of the warrant be further suspended upon the condition that the defendant make such payments in respect of the arrears of maintenance that have accrued up to the time of the hearing as are specified by the court, and duly pays all sums becoming payable under the maintenance order or the order for costs after the order for further suspension.\n\t(5)\tNotwithstanding anything to the contrary in any Act, where an order has been made under this section committing the defendant to prison in respect of arrears of maintenance and it appears to the Magistrates Court that the amount of the arrears of maintenance in respect of which the commitment order was made has been reduced, the fact of that reduction must be stated in the warrant of commitment, and the term of imprisonment for which the defendant may be committed will be reduced by the number of days bearing as nearly as possible the same proportion to the total number of days in the term of imprisonment as the amount paid bears to the whole arrears of maintenance.\n\t(6)\tNotwithstanding anything to the contrary in any Act or in any warrant of commitment, where any person is in prison for non-payment of arrears of maintenance, the person may pay or cause to be paid to the manager of the prison—\n\t(a)\tthe whole of the arrears of maintenance or, having regard to subsection (5), the amount of those arrears remaining to be paid; or\n\t(b)\tany lesser amount.\n\t(7)\tWhere the amount referred to in subsection (6)(a) is paid to the manager, the manager must discharge that person if the person is in custody for no other cause.\n\t(8)\tWhere an amount referred to in subsection (6)(b) is paid to the manager, the term of imprisonment fixed by the commitment order will be reduced by the number of days bearing to the total number of days in the term of imprisonment a proportion that is the same as, or most nearly approximates to, the proportion that the amount paid bears to the whole of the arrears of maintenance and on the expiration of the term as so reduced the person imprisoned must, if in custody for no other cause, be discharged.\n\t(9)\tA court must not make an order committing the defendant to prison or issue a warrant of commitment if it is satisfied—\n\t(a)\tthat the defendant has not and has not had and could not by reasonable effort have had the means and ability to pay the amount of the arrears of maintenance; or\n\t(b)\tthat for any other reason payment of the arrears of maintenance should not be enforced by imprisonment.\n\t(10)\tWhere the court is aware that a court has previously refused to make an order committing the defendant to prison or to issue a warrant of commitment under this section for non-payment of a sum (in this subsection referred to as the original sum) included in the amount of arrears of maintenance in respect of which the complaint is made, the court must only have regard to the amount by which the sum still due and unpaid exceeds the original sum unless it is satisfied that, since that refusal, the means and ability of the defendant to pay the original sum have so altered as to make it reasonable for the defendant now to be committed to prison for non-payment of the original sum.\n170—Warrant may be issued upon complaint enforcing maintenance order\nUpon a complaint made in connection with the enforcement of any maintenance order, a justice may, instead of issuing a summons, issue a warrant for the apprehension of the person against whom the complaint is made, and for the detention of that person until the hearing of the complaint, unless the person enters into a bond, with or without guarantors, in such sum as the justice directs, conditioned upon his or her appearance at the hearing of the complaint.\n172—Disobedience of order and quitting State\nA person who disobeys or neglects to comply with any maintenance order made against him or her under this Act and goes to reside beyond the State, either permanently or temporarily, is guilty of an offence.\n173—Leaving child under certain circumstances an offence\nA near relative liable to maintain any child who leaves the child without, or fails to provide the child with, adequate means of support, and goes to reside either temporarily or permanently, outside the State, is guilty of an offence.\n174—Warrant for arrest may be issued before offence committed\n\t(1)\tUpon complaint on oath by an employee of the Department, that he or she has reasonable grounds for believing that a person is about to commit an offence under this Subdivision a justice, if satisfied that there are reasonable grounds for believing that the offence has been or is about to be committed, may issue a warrant for the apprehension of the person complained against.\n\t(2)\tUpon the hearing of a complaint made under this section the Magistrates Court may, if satisfied that the defendant was about to commit the offence mentioned in the complaint, order the defendant to find an adequate guarantor or security to the satisfaction of the court that the defendant will comply with the maintenance order, or that he or she will not leave the child without, or will provide the child with, adequate means of support.\n\t(3)\tThe court, in default of such a guarantor or security being found, may commit the defendant to prison for any term not exceeding six months.\n\t(4)\tThe court may at any time determine the sufficiency of any proposed guarantors, or security, and in what manner the security is to be given, and upon being satisfied that security has been duly made and perfected, order the discharge of that person from prison.\nSubdivision 2—Attachment of earnings\n175—Interpretation\n\t(1)\tIn this Subdivision, except where the context or subject matter or some other provision requires a different construction—\nattachment of earnings order means an order made under section 176 or such an order as varied from time to time;\ndefendant, in relation to a maintenance order or to proceedings in connection with a maintenance order, means a person against whom the order was made;\nearnings, in relation to a defendant, means any sums payable to the defendant—\n\t(a)\tby way of wages or salary (including any fees bonus, commission, overtime pay, any payment in lieu of leave or other emolument payable in addition to wages or salary); or\n\t(b)\tby way of pension, including—\n\t(i)\tan annuity in respect of past services, whether or not the services were rendered to the person paying the annuity; and\n\t(ii)\tperiodical payments in respect of or by way of compensation for the loss, abolition or relinquishment, or any diminution in the emoluments, of any office or employment,\nbut does not include any pension, benefit or sum payable to the defendant under the Social Security Act 1991, the Veterans' Entitlements Act 1986 or the Seamen's War Pensions and Allowances Act 1940 of the Commonwealth;\nemployer, in relation to a defendant, means a person (including the Crown whether in right of the Commonwealth or in right of the State, a Minister of the Crown, whether in right of the Commonwealth or in right of the State and any statutory authority representing the Crown whether in right of the Commonwealth or in right of the State) by whom, as a principal and not as a servant or agent, earnings are payable or likely to become payable to the defendant;\nnet earnings, in relation to a pay-day, means the amount of the earnings becoming payable by a particular employer on that pay-day, after deduction from those earnings of any sum deducted by that employer, being a deduction of a prescribed class;\nnormal deduction, in relation to an attachment of earnings order and in relation to a pay-day, means an amount representing a payment at the normal deduction rate specified in the order in respect of the period between that pay-day and either the last preceding pay-day, or, where there is no last preceding pay-day, the date on which the employer became, or last became, the defendant's employer;\npay-day means a day on which earnings to which an attachment of earnings order relates become payable;\nprotected earnings, in relation to an attachment of earnings order and in relation to a pay-day, means the amount representing a payment at the protected earnings rate specified in the order in respect of the period between that pay-day and either the last preceding pay-day, or where there is no last preceding pay-day the date on which the employer became, or last became, the defendant's employer.\n\t(2)\tIn this Subdivision—\n\t(a)\ta reference to a person entitled to receive payments under a maintenance order is to be read as a reference to a person entitled to receive payments under the maintenance order either directly or through another person or for transmission to another person; and\n\t(b)\ta reference to proceedings relating to an order is to be read as including a reference to proceedings in which the order may be made.\n176—Application for attachment of earnings order\n\t(1)\tAn employee of the Department or a person entitled to receive payments under a maintenance order may apply in writing to the Magistrates Court for an attachment of earnings order.\n\t(2)\tAn application under subsection (1) may be made without specifying the name of any particular employer.\n\t(3)\tIf the court is satisfied that the defendant is a person to whom earnings are payable or are likely to become payable and that the defendant has persistently failed to comply with the requirements of the order, or that, at the time when the application was made, there was due under the maintenance order and unpaid an amount equal to not less than—\n\t(a)\tin the case of an order for weekly payments—four payments; or\n\t(b)\tin any other case—two payments,\nthe court may order a person who appears to the court to be the defendant's employer in respect of those earnings or a part of those earnings to make out of those earnings or that part of those earnings payments in accordance with this Subdivision.\n\t(4)\tAn attachment of earnings order must specify, either generally or in relation to any particular pay-day or pay-days, the normal deduction rate, that is to say, the rate at which the court considers it to be reasonable that the earnings to which the order relates should be applied in satisfying the requirements of the maintenance order but not exceeding the rate that appears to the court to be necessary for the purpose of—\n\t(a)\tsecuring payment of the sums from time to time falling due under the maintenance order; and\n\t(b)\tsecuring payment within a reasonable time of any sums already due and unpaid under the maintenance order and any costs incurred in proceedings relating to the maintenance order that are payable by the defendant.\n\t(5)\tAn attachment of earnings order may specify a higher normal deduction rate to apply for a specified number of pay-days after the order comes into force and a lower normal deduction rate to apply to any other pay-days.\n\t(6)\tAn attachment of earnings order must also specify the protected earnings rate, that is to say, the rate below which, having regard to the resources and needs of the defendant and of any person for whom the defendant must or reasonably may provide, the court considers it to be reasonable that the earnings to which the order relates should not be reduced by a payment under the order.\n\t(7)\tAn attachment of earnings order must provide that payments under the order are to be made to the main office of the Department in Adelaide.\n\t(8)\tAn attachment of earnings order must contain such particulars as the court thinks proper for the purpose of enabling the person to whom the order is directed to identify the defendant.\n\t(9)\tUpon the making of an attachment of earnings order the court must cause a copy of the order to be served on—\n\t(a)\tthe defendant; and\n\t(b)\tthe person to whom the attachment of earnings order is directed; and\n\t(c)\tif an employee of the Department is not a party to the application for the order, the Chief Executive,\nbut the order will not come into force until the expiration of seven days after the day on which a copy of the order is served on the person to whom the order is directed.\n177—Employer to make payments under order\n\t(1)\tAn employer to whom an attachment of earnings order is directed must, so long as the order is in force and the net earnings of the defendant in relation to each pay-day after the making of the order exceed the amount of the protected earnings of the defendant in relation to that pay-day, pay to the Chief Executive, so far as the amount of the excess permits, the normal deduction in relation to that pay-day, but where—\n\t(a)\ton any such pay-day, the amount of that excess is insufficient to permit the payment of the normal deduction in relation to that pay-day; or\n\t(b)\tin respect of any such pay-days the net earnings of the defendant were less than the protected earnings of the defendant and the amount by which those net earnings were less than those protected earnings has not been paid to the defendant,\nthe employer must, so long as the order is in force, and if on any subsequent pay-day the net earnings of the defendant are sufficient after providing, if necessary, for the making good of any deficiency in the protected earnings referred to in paragraph (b), pay to the Chief Executive the normal deduction in relation to that subsequent pay-day and, so far as the balance of the defendant's net earnings permits, all the arrears of the normal deductions.\n\t(2)\tA payment made by the employer under subsection (1) to the Chief Executive is a valid discharge to the employer as against the defendant to the extent of the amount paid.\n178—Power to make attachment of earnings order instead of other order\n\t(1)\tWhere any proceedings in relation to, or for the enforcement of, a maintenance order already made are brought in the Magistrates Court the court may, instead of making any other order, make an attachment of earnings order.\n\t(2)\tUnless the court otherwise orders, where an attachment of earnings order is in force, no warrant or other process may be issued or order made in proceedings for the enforcement of the maintenance order that were begun before the making of the attachment of earnings order.\n179—Discharge, suspension or variation of order\n\t(1)\tThe Magistrates Court may, in its discretion, on the application of the defendant, an employee of the Department or a person entitled to receive payments under the maintenance order, make an order discharging, suspending or varying an attachment of earnings order.\n\t(2)\tUpon the court making an order discharging, suspending or varying an attachment of earnings order, the court must cause a copy of the order to be served on—\n\t(a)\tthe respondent to the application; and\n\t(b)\tthe person to whom the attachment of earnings order is directed; and\n\t(c)\tif an employee of the Department is not a party to the application, the Chief Executive,\nbut the order will not come into force until the expiration of seven days after the day on which a copy of the order is served on the person to whom the order is directed.\n180—Cessation of attachment of earnings order\n\t(1)\tAn attachment of earnings order ceases to have effect—\n\t(a)\tupon being discharged by an order under this Subdivision; or\n\t(b)\tsubject to subsection (2), upon the discharge or variation of the maintenance order in relation to which the attachment of earnings order was made; or\n\t(c)\tunless the court otherwise orders, upon the making of any other order for the enforcement of the maintenance order in relation to which the attachment of earnings order was made.\n\t(2)\tWhere it appears to the court discharging or varying a maintenance order that arrears under the order will remain to be recovered under the order, the court may direct that the attachment of earnings order will not cease to have effect until those arrears have been paid.\n\t(3)\tOn an attachment of earnings order ceasing to have effect, a Registrar of the court must give notice of that fact to the Chief Executive and to the person to whom the order was directed.\n\t(4)\tWhere an attachment of earnings order ceases to have effect, the person to whom the attachment of earnings order is directed does not incur any liability in consequence of treating the order as still in force at any time before the expiration of seven days after the date on which the notice required by subsection (3) or a copy of the discharging order, as the case may be, is served on him or her.\n181—Compliance with order\nAn attachment of earnings order made under this Subdivision has priority over any other order directed to the defendant's employer with respect to any earnings payable, or likely to become payable, to the defendant, and the defendant's employer must, notwithstanding anything in any other law, but subject to this Subdivision, comply with the order.\n182—Where two or more orders are in force\n\t(1)\tWhere, on any occasion on which earnings become payable to a defendant, there are in force two or more orders for the attachment of those earnings (whether made under this Act or otherwise) the person to whom the orders are directed—\n\t(a)\tmust comply with those orders according to the respective dates on which they took effect and must disregard any order until each earlier order has been complied with; and\n\t(b)\tmust comply with any order as if the earnings to which the order relates were the residue of the defendant's earnings after the making of any payment under any earlier order.\n\t(2)\tFor the purposes of this section, an attachment of earnings order that has been varied will be taken to have been made as so varied on the day upon which the attachment of earnings order was made.\n183—Notice to defendants of payments made\n\t(1)\tA person who makes a payment in compliance with an attachment of earnings order must give to the defendant a notice specifying particulars of the payment.\n\t(2)\tWhere a person served with an attachment of earnings order directed to him or her—\n\t(a)\tis not the defendant's employer at the time of service of the order; or\n\t(b)\tis the defendant's employer at that time but subsequently ceases to be the defendant's employer,\nthat person must give notice in writing accordingly to the Chief Executive and to the Magistrates Court.\n184—Determination as to what payments are earnings\n\t(1)\tThe Magistrates Court must, on application by the person to whom an attachment of earnings order is directed, determine whether payments to the defendant of a particular class or description specified in the application are earnings for the purpose of that order.\n\t(2)\tA person to whom an attachment of earnings order is directed who makes an application under subsection (1) does not incur any liability for failing to comply with the order with respect to any payments of the class or description specified in the application that are made to the defendant while the application, or any appeal from a determination made on the application, is pending.\n\t(3)\tSubsection (2) does not apply in respect of any payment made after the application has been withdrawn or an appeal from a determination made on the application has been abandoned.\n185—Service\nAny order or document that is required or permitted to be served on a person under this Subdivision may be served on that person—\n\t(b)\tby leaving a copy of it at the usual or last known place of residence or business of that person with some person, apparently over the age of 16 years, who apparently resides in that place of residence or is employed at that place of business; or\n\t(c)\tby sending a copy of it, by registered post, to that person's last known place of residence or business.\n186—Defence to prosecution under this Subdivision\n\t(1)\tIt is a defence to a prosecution under this Subdivision if the defendant proves that he or she took all reasonable steps to comply with the requirement or order.\n\t(2)\tOffences under this Subdivision do not apply to the Crown in right of the Commonwealth or in right of the State.\n187—Dismissing an employee etc by reason of the making of an attachment of earnings order\n\t(1)\tA person who dismisses an employee or injures an employee in his or her employment, or alters an employee's position to his or her prejudice, by reason of the circumstance that an attachment of earnings order has been made in relation to the employee or that the person is required to make payments under such an order in relation to the employee is guilty of an offence.\n\t(2)\tSubsection (1) does not apply to the Crown in right of the Commonwealth or in right of the State.\n\t(3)\tThe court by which a person is convicted of an offence arising under this section may order that the employee be reimbursed any wages lost and may also direct that the employee be reinstated in his or her old position or in a similar position.\n\t(4)\tAn amount ordered to be reimbursed under subsection (1) may be recovered from the person convicted as if it were a penalty to which that person is liable under this section.\n188—Application of Subdivision\nThis Subdivision has effect in relation to a defendant notwithstanding any Act or law that would otherwise prevent the attachment of earnings.\n189—Payments by Crown etc\nThe provisions of this Subdivision have effect in relation to deductions from earnings falling to be paid by the Crown whether in right of the Commonwealth or in right of the State a Minister of the Crown whether in right of the Commonwealth or in right of the State or a statutory authority representing the Crown whether in right of the Commonwealth or in right of the State, and those earnings will be treated as falling to be paid by the chief executive of the Department, office or other body concerned.\nSubdivision 3—General\n190—Provision where defendant supported wife, husband or child during any period\nWhere proceedings are taken under this Part in respect of a failure to make payments for or towards the maintenance of a person it is a sufficient answer to those proceedings so far as the failure to make payments during any period is concerned if it is proved that during that period the defendant adequately supported that person.\n191—Duties of Registrar of court in relation to orders\nUpon application made by or on behalf of any person for whose maintenance or for whose benefit a maintenance order is enforceable in the State, a Registrar of the Magistrates Court must, subject to this Act, take all steps necessary or expedient to assist in the enforcement of the order on behalf of that person.\n192—Penalty for molesting child contrary to interstate custody order\n\t(1)\tWhere an order made in any other State or a Territory of the Commonwealth under any Act or ordinance corresponding with this Act commits the legal custody of a child to the father or mother of the child, any person who in this State, without just cause or excuse, molests or interferes with or attempts to molest or interfere with, the child contrary to the order for custody or, having the care or control of the child in this State, without just cause or excuse, refuses or fails on demand to deliver the child to the person entitled to such custody under the order is guilty of an offence.\n\t(3)\tIt is a defence to a prosecution for an offence against this section if the defendant satisfies the court that he or she did not know and could not reasonably be expected to have known of the making of the order in respect of which the offence is alleged to have occurred.\n\t(4)\tA person who is convicted of an offence against this section may (in addition to, or in lieu of, a penalty under this section) be required to enter into a bond, with or without guarantors, in such reasonable amount as the court thinks fit, to abide by the provision of the order and in default of entering into the bond, that person may be imprisoned for a term not exceeding three months unless the bond is sooner entered into.\n194—Compellability of defendant as witness at hearing of complaint for non‑compliance\n\t(1)\tOn the hearing of any complaint in which the defendant is charged with non-compliance with any maintenance order, the defendant is compellable to give evidence and may be summoned as a witness for that purpose.\n\t(2)\tThe defendant is not excused from giving evidence relevant to the matter of the complaint on the ground that the evidence might prove or tend to prove the defendant guilty of the matter alleged or charged against him or her.\n195—Proof of payment or non-payment under maintenance order\nWhenever in any proceedings under this Act it is material to inquire whether any, or how much, money has been paid or is owing to the Chief Executive by any person liable under a maintenance order to make any such payment to the Chief Executive, any employee of the Department may on oath state his or her information and belief as to whether any, and how much, money has been paid, or is owing, and the court must accept that statement as evidence of the facts stated.\n","sortOrder":13},{"sectionNumber":"Div 8","sectionType":"division","heading":"Reciprocal enforcement of orders","content":"Division 8—Reciprocal enforcement of orders\nSubdivision 1—Interpretation and administration\n196—Interpretation\n\t(1)\tIn this Division unless the contrary intention appears—\nanother Australian State means an Australian State other than this State;\nAustralian State means a State or Territory of the Commonwealth;\ncertified copy—\n\t(a)\tin relation to a maintenance order or other order of a court (not being an order made under the Family Law Act 1975 of the Commonwealth)—means a copy of the order certified to be a true copy by an officer of the court that made the order or a copy of such a copy certified to be a true copy by an officer of a court in or by which the order has been registered or confirmed;\n\t(b)\tin relation to a maintenance order or other order made under the Family Law Act 1975 of the Commonwealth—means a certificate of the order or a copy of the decree nisi issued under the rules made under that Act, or a copy of such a certificate certified to be a true copy by an officer of a court in which the order has been registered under that Act;\n\t(c)\tin relation to a record of the evidence of a witness in proceedings before a court—means a copy of the record certified to be a true copy by an officer of that court;\nCollector—\n\t(a)\tin relation to this State—means the Collector of Maintenance or the Deputy Collector of Maintenance or an Assistant Collector of Maintenance appointed under this Act;\n\t(b)\tin relation to another Australian State—means an officer appointed under the law of that Australian State whose duties, or part of whose duties, are similar to those of the Collector of Maintenance, the Deputy Collector of Maintenance or an Assistant Collector of Maintenance appointed under this Act;\nCollector's certificate—\n\t(a)\tin relation to a South Australian order, or an overseas order enforceable in this State—means a certificate in or to the effect of the prescribed form signed by the Collector;\n\t(b)\tin relation to a maintenance order made in another Australian State, or an overseas order that is or has been enforceable in another Australian State—means a certificate in or to the effect of such form prescribed by or under the law of that other Australian State as corresponds with the form of Collector's certificate prescribed for the purposes of this Act;\ncomplainant, in relation to a maintenance order or to proceedings in connection with a maintenance order, means the person for whose benefit the maintenance order was made, or a person acting on behalf of that person;\ncountry includes any State, Province or other part of a country outside Australia, or any Territory of such a country;\ncountry having restricted reciprocity means a reciprocating country that is for the time being declared by a proclamation in force under this Division to have restricted reciprocity with this State;\ncourt means a court, or a magistrate, justices or any other person or persons exercising judicial power, whether constituted or acting under the law of this State, any other Australian State, the Commonwealth, or a reciprocating country;\ndefendant, in relation to a maintenance order or to proceedings in connection with a maintenance order, means the person against whom the order was made;\ndepositions, in relation to a witness in proceedings, means the record, or a certified copy of the record, of the evidence of that witness in those proceedings;\ninterstate order means a maintenance order—\n\t(a)\tmade in another Australian State by a court of summary jurisdiction or by a magistrate or justices; or\n\t(b)\tmade by the Supreme Court of another Australian State (whether under the law of that Australian State or under the law of the Commonwealth) and registered, for the purposes of enforcement, in a court of summary jurisdiction in another Australian State;\nofficer in relation to a court, includes a person, or one of the persons, constituting the court;\noverseas order, in relation to a reciprocating country, means—\n\t(a)\tin any case where in a proclamation under this Division declaring that country to be a reciprocating country it is declared that maintenance orders made in that country are enforceable in this State in accordance with the provisions of this Act from a date specified in the proclamation—a maintenance order made on or after that date in that country by a court of competent jurisdiction;\n\t(b)\tin any other case—a maintenance order made in that country (whether before or after the making of the proclamation) by a court of competent jurisdiction;\nreciprocating country means a country that is for the time being a country declared by a proclamation in force under this Division to be a reciprocating country for the purposes of this Act;\nSouth Australian order means a maintenance order made by a court in this State.\n\t(2)\tA reference in this Division to a certified copy of an order is, where the order has been varied or otherwise affected by a provisional order of one court that has effect by virtue of the fact that it has been confirmed (whether with or without modification) by another court, to be read as including reference to both a certified copy of the provisional order and a certified copy of the confirming order.\n\t(3)\tA reference in this Division to an order made by a court is to be read as including a reference to an order made by another court on an appeal in connection with proceedings that originated in the first-mentioned court.\n\t(4)\tFor the purposes of this Division, where a person is working in a place, whether temporarily or permanently, he or she will be taken to be resident in that place as well as in the place where he or she is in fact resident.\n197—Collector of Maintenance, Deputy Collector of Maintenance and Assistant Collectors of Maintenance\n\t(1)\tFor the purposes of this Division—\n\t(a)\tthe Chief Executive is the Collector of Maintenance; and\n\t(b)\tthe Minister may appoint, from employees of the Department, a Deputy Collector of Maintenance and as many Assistant Collectors of Maintenance as are necessary.\n\t(2)\tThe Deputy Collector of Maintenance and every Assistant Collector of Maintenance have and may exercise, subject to the directions of the Collector of Maintenance, all the powers, authorities, duties and functions of the Collector of Maintenance.\n198—Powers of Collector\n\t(1)\tThe Collector has power to do all things necessary or convenient to be done for the enforcement in this State of maintenance orders that are enforceable in this State by virtue of this Division.\n\t(2)\tThe Collector will—\n\t(a)\treceive money payable to the Collector pursuant to orders enforceable under this Division and money remitted by Collectors for other Australian States and authorities in reciprocating countries, and give receipts for money so received; and\n\t(b)\tkeep proper accounts of all money received, remitted or paid by the Collector; and\n\t(c)\tremit to Collectors for other Australian States and to the proper authorities in reciprocating countries money received in respect of maintenance orders made for the maintenance or benefit of persons residing in those Australian States or in those countries and payable to or for the benefit of those persons, together with proper accounts in respect of that money; and\n\t(d)\tpay other money received to the persons entitled to it,\nand has such other powers, authorities, duties and functions as are specified in this Act or are prescribed.\n\t(3)\tIn all proceedings under this Division, the Collector is entitled to appear, to be heard, to give evidence and to call, examine and cross-examine witnesses.\nSubdivision 2—Interstate maintenance\n200—Transmission of South Australian orders for enforcement in other States\n\t(1)\tWhere a South Australian order is enforceable in this State but not in any other Australian State, and it appears to the Collector that the defendant is resident in, or proceeding to, another Australian State, the Collector may send to the Collector for that other Australian State—\n\t(a)\tthree certified copies of the order; and\n\t(c)\tsuch information and material as the Collector possesses for facilitating the identification, and ascertaining the whereabouts, of the defendant; and\n\t(d)\ta request in writing that the order be made enforceable in that other Australian State.\n\t(2)\tWhere—\n\t(a)\ta South Australian order is, under the law of another Australian State, enforceable in that other Australian State; and\n\t(b)\tthe Collector is satisfied that there are reasonable grounds for believing that the defendant is not resident in, or proceeding to, that other Australian State or it appears to the Collector that there is some other good reason why the order should no longer be enforceable in that other Australian State,\nhe or she may send to the Collector for that other Australian State, a request in writing that the order be made no longer enforceable in that other Australian State and, for the purposes of this Act, the order will, upon the sending of the request, cease to be enforceable in that other Australian State.\n\t(3)\tThe fact that a South Australian order has ceased to be enforceable in another Australian State by reason of action taken in that other Australian State as a result of a request made under subsection (2) does not prevent a further request under subsection (1) that the order be again made enforceable in that other Australian State.\n\t(4)\tWhere a South Australian order is, in pursuance of a request under subsection (1), made enforceable in another Australian State—\n\t(a)\tthe order becomes unenforceable in this State; and\n\t(b)\tthe order remains unenforceable in this State, and no proceedings for the enforcement of the order lie, unless and until it ceases to be enforceable in that other Australian State; and\n\t(c)\ta warrant or other process under this Act arising out of the order previously issued in this State and not executed ceases to have effect.\n201—Enforcement in this State of orders made in other Australian States\n\t(1)\tWhere the Collector receives from the Collector for another Australian State—\n\t(a)\tthree certified copies of an interstate order made in that State; and\n\t(c)\ta request in writing that the order be made enforceable in this State,\nthe Collector must, if it appears to him or her that there are reasonable grounds for believing that the defendant is resident in, or proceeding to, this State, send the documents to the Magistrates Court with a request that the order be registered in that court.\n\t(2)\tOn receiving such a request the court must (whether or not the order is of a kind that could be made in this State) register the order and file in the court a certified copy of the order and the Collector's certificate.\n\t(3)\tAn interstate order so registered is, until the registration is cancelled and subject to any order for its suspension, enforceable in this State both in respect of any arrears payable under the order and of amounts becoming due under the order after it is so registered and the provisions of section 209 apply to and in relation to such order accordingly.\n\t(4)\tUpon registration of the interstate order, the Collector must notify the Collector for the other Australian State accordingly and must cause a certified copy of the order to be served upon the defendant, together with a notice of registration of the order in this State—\n\t(c)\tgiving an address at which those payments may be made.\n\t(5)\tWhere—\n\t(a)\tan interstate order is registered in this State under this section; and\n\t(b)\tthe Collector receives from the Collector for the other Australian State a request in writing that the order be made no longer enforceable in this State,\nthe Collector must request the Magistrates Court to cancel the registration of the order, and that registration must be so cancelled.\n\t(6)\tWhere the registration of an interstate order is so cancelled—\n\t(a)\tthe order is unenforceable in this State; and\n\t(b)\tthe order remains unenforceable in this State and no proceedings for the enforcement of it lie, unless and until it is again registered in this State; and\n\t(c)\ta warrant or other process under this Act arising out of the order previously issued in this State and not executed ceases to have effect.\n202—Collector to notify original State when defendant leaves this State\nWhere an interstate order has been registered in this State under this Act and the Collector has reasonable grounds for believing that the defendant is no longer resident in this State, but is resident in, or proceeding to, another Australian State, the Collector must notify the Collector in the State in which the order was made of the fact and give such information as he or she possesses concerning the whereabouts and intended movements of the defendant.\n203—Application for provisional order of variation\n\t(1)\tWhere an interstate order made by a court of summary jurisdiction, or by a magistrate or justices, is enforceable in this State by virtue of this Subdivision, application in writing in accordance with the prescribed form may be made by or on behalf of the complainant or the defendant to the Magistrates Court for an order discharging, suspending, varying or reviving the interstate order, and that court has jurisdiction to hear and determine the application.\n\t(2)\tWhere a South Australian order made by the Magistrates Court is enforceable in another Australian State by virtue of any enactment in that State corresponding with this Subdivision, application in writing in accordance with the prescribed form may be made by or on behalf of the complainant or the defendant to the Magistrates Court for an order discharging, suspending, varying or reviving the South Australian order.\n\t(3)\tThe applicant must cause notice of an application under this section to be served personally or by post not less than 14 days before the hearing of the application, upon the Collector at the main office of the Department in Adelaide, and the Collector must, on receiving the notice, notify the Collector for the Australian State in which the interstate order was made or the South Australian order is enforceable (as the case may be).\n\t(4)\tExcept where the complainant and the defendant both appear upon the hearing, the evidence of any witness who is examined at the hearing of any such application must be put into writing and must be read over to and signed by him or her.\n\t(5)\tWhile a South Australian order is enforceable in another Australian State under the law of that other Australian State, no application for the discharge, suspension, variation or revival of the order may be made in this State except in accordance with this section.\n204—Discharge, suspension or variation of order made in absence of defendant\n\t(a)\tan application is made under section 203(1) by a defendant for the discharge, suspension or variation of an interstate order; and\n\t(b)\tthe defendant did not appear at the hearing of the complaint upon which the original interstate order was made and was not served personally in the Australian State in which the order was made with the summons upon that complaint; and\n\t(c)\tthe application is made within six months after service on the defendant of notice of registration of the order in this State,\nthe defendant may, in addition to raising any matter that could have been raised on an application under section 144, raise any ground of opposition that he or she could have raised in the original proceedings.\n205—Law to be applied\nIn an application under section 203, the law to be applied will, except in matters of practice or procedure, be the law of the Australian State in which the original order was made.\n206—Order of variation to be provisional only\n\t(1)\tExcept as provided in subsection (2), an order made on an application under section 203 discharging, suspending, varying or reviving a maintenance order is provisional only and has no effect unless and until confirmed by a competent court of the appropriate Australian State in which the maintenance order was made or is enforceable, and must be expressed accordingly.\n\t(2)\tWhere the respondent to an application under section 203 has been served personally in this State with notice of the application or appears on the hearing of the application, any order made on the application must recite that fact, and the order is, subject to section 200(4), enforceable and has effect in this State according to its tenor.\n\t(3)\tWhere an order made on an application under section 203 is expressed to be provisional, a Registrar of the Magistrates Court must send a certified copy of the order, together with the depositions of the witnesses, to the Collector for the other Australian State.\n\t(4)\tWhere an order referred to in subsection (3) has been confirmed (whether with or without modification) by a competent court of the other Australian State, the order is, subject to section 200(4), enforceable and has effect in this State as so confirmed.\n207—Procedure where provisional order remitted by court of other Australian State\n\t(1)\tWhere a provisional order made under this Subdivision is remitted by a court in another Australian State to the Magistrates Court, the Magistrates Court must, after notice has been given to such persons in such manner as the court thinks fit, proceed to take the evidence, and must cause the depositions of the witnesses to be sent to the court in the other Australian State.\n\t(2)\tIf, upon the taking of the further evidence, it appears to the court that the order ought not to have been made, the court may rescind the order and may, if it thinks fit, make a fresh provisional order in its stead.\n208—Confirmation in this State of provisional orders made in other Australian States\n\t(a)\ta certified copy of—\n\t(i)\ta provisional order made by a court in another Australian State discharging, suspending, varying or reviving a South Australian order enforceable in that other Australian State; or\n\t(ii)\ta provisional order made by a court in another Australian State discharging, suspending, varying or reviving an interstate order made in that Australian State and enforceable in this State by virtue of this Subdivision; and\n\t(b)\tthe depositions of the witnesses who gave evidence at the hearing of the application upon which the provisional order was made,\nthe Collector must, on behalf of the party on whose application the provisional order was made in the other Australian State, apply to the Magistrates Court for an order confirming the provisional order.\n\t(2)\tThe Collector must cause notice, in accordance with the prescribed form, of the application under this section to be served on the respondent to the application not less than seven days before the hearing of the application.\n\t(3)\tUpon the hearing of such an application, the court may—\n\t(a)\tconfirm the provisional order, either with or without modification; or\n\t(b)\tdischarge the provisional order.\n\t(4)\tWhere a provisional order is confirmed under this section (whether with or without modification), the order as so confirmed is, subject to section 200(4), enforceable and has effect in this State as if it were an order validly made by the court in this State.\n\t(5)\tEach party to an application for confirmation of a provisional order under this section has the same right of appeal against an order confirming or discharging the provisional order as he or she would have had on the making of, or the refusal to make, the original order.\n209—Proceedings for enforcement\n\t(1)\tWhere an interstate order is enforceable in this State by virtue of this Subdivision—\n\t(a)\tall proceedings may be taken for the enforcement of the order; and\n\t(b)\tthe provisions of this Part will, so far as they are applicable and with such modifications as are necessary, apply and have effect,\nas if it were a maintenance order made under this Part by the Magistrates Court.\n\t(2)\tThe Collector may take any proceedings that are authorized by or by virtue of subsection (1).\n\t(3)\tWhere proceedings are so taken by the Collector, the court will, unless it is satisfied by evidence to the contrary, presume that the enforcement of the order is required for the actual support of the person for whose benefit the order was made and that since the order became enforceable in this State no money has been paid under the order otherwise than to the Collector.\nSubdivision 3—Overseas maintenance\n210—Transmission of maintenance orders made in this State for enforcement in reciprocating countries\nWhere a South Australian order is enforceable in this State but not in any other Australian State and it appears to the Collector that the defendant is resident in, or proceeding to, a reciprocating country, the Collector may send to an appropriate authority in that reciprocating country—\n\t(a)\tthree certified copies of the South Australian order; and\n\t(b)\ta Collector's certificate relating to the South Australian order; and\n\t(c)\tsuch information and material as the Collector possesses for facilitating the identification, and ascertaining the whereabouts, of the defendant; and\n\t(d)\ta request in writing that the South Australian order be made enforceable in that reciprocating country.\n211—Power to make provisional order against person resident in reciprocating country\n\t(1)\tThis section applies to an application for a maintenance order under this Act—\n\t(a)\tagainst a person for the maintenance of the person's spouse; or\n\t(c)\tagainst a near relative of a child for the maintenance of that child.\n\t(2)\tUpon application made in writing in accordance with the prescribed form to the Magistrates Court for a maintenance order to which this section applies and upon proof that the person against whom the order is sought is resident in, or proceeding to, a reciprocating country, the court may, in the absence of that person, make any order it could have made if a summons had been duly served on that person and the person had failed to appear at the hearing.\n\t(3)\tAn order made under subsection (2) is provisional only and has no effect unless and until confirmed (either with or without modification) by a competent court in a reciprocating country in which the defendant is resident at the time of that confirmation, and must be expressed accordingly.\n\t(4)\tThe evidence of any witness who is examined on any such application must be put into writing and must be read over to and signed by him or her.\n\t(5)\tWhere the court makes an order under subsection (2), a Registrar of the court must send to the Collector for transmission to the reciprocating country—\n\t(a)\tthe depositions of the witnesses; and\n\t(b)\tthree certified copies of the order; and\n\t(c)\ta statement of the grounds on which the making of the order could have been opposed if the defendant had appeared at the hearing.\n\t(6)\tWhere any provisional order made under this section has come before a court in a reciprocating country for confirmation and the order has by that court been remitted to the Magistrates Court, the Magistrates Court must, after notice has been given to such persons and in such manner as the court thinks fit, proceed to take the evidence, and must send the depositions of the witnesses to the Collector for transmission to the court in the reciprocating country.\n\t(7)\tIf, upon the taking of the further evidence, it appears to the court that the order ought not to have been made, that court may rescind the order and may, if it thinks fit, make a fresh provisional order in its stead.\n\t(9)\tWhere a court in a reciprocating country in which the defendant is for the time being resident confirms (either with or without modification) a provisional order made under this section, the order is enforceable and has effect in this State as so confirmed as if it were an order validly made under this Part by the Magistrates Court.\n\t(10)\tWhere a court in a reciprocating country confirms (either with or without modification) a provisional order made under this section, then, in any proceedings arising out of or relating to the order, it will be presumed, unless the contrary is proved, that the defendant was resident in that reciprocating country at the time when the order was confirmed.\n\t(11)\tThe applicant has the same right of appeal (if any) against a refusal to make a provisional order as he or she would have had against a refusal to make the order had a summons been duly served on the person against whom the order is sought.\n212—Cancellation of registration\n\t(a)\ta South Australian order is, under the law of a reciprocating country, enforceable in that reciprocating country; and\n\t(b)\tthe Collector is satisfied that there are reasonable grounds for believing that the defendant is not resident in, or proceeding to, that reciprocating country or it appears to the Collector that there is some other good reason why the order should no longer be enforceable in that reciprocating country,\nthe Collector may send to an appropriate authority in that reciprocating country a request in writing that the order be made no longer enforceable in that reciprocating country and, for the purposes of this Act, the order will, upon the sending of the request, cease to be enforceable in that reciprocating country.\n213—Registration of overseas orders\n\t(a)\ta certified copy of an overseas order; and\n\t(b)\ta certificate signed by an officer of a court or by an appropriate authority in the reciprocating country relating to the order and containing—\n\t(i)\ta statement that the order is, at the date of the certificate, enforceable in that reciprocating country; and\n\t(ii)\ta statement as to the amount of any arrears due under the order, distinguishing any amount in respect of which the defendant has been imprisoned,\nthe Collector must, subject to subsection (2), if it appears to the Collector that there are reasonable grounds for believing that the defendant is resident in or proceeding to this State, send those documents to the Magistrates Court with a request that the order be registered in that court.\n\t(2)\tIn the case of an overseas order originating in a country having restricted reciprocity, the Collector must not send the documents as required by subsection (1) unless the Collector is satisfied that the order is a maintenance order of such a kind as can be made under this Part.\n\t(3)\tUpon a request being made under subsection (1), the order must be registered and a certified copy of the order and the certificate must be filed in the court.\n\t(4)\tAn overseas order so registered is, until the registration is cancelled and subject to any order for its suspension, enforceable in this State, both in respect of any arrears payable under the order and of amounts becoming due under the order after it is so registered.\n\t(5)\tUpon registration of an overseas order, the Collector must notify the officer of the court or other appropriate authority in the reciprocating country accordingly and cause a certified copy of the order to be served upon the defendant, together with a notice of registration of the order in this State—\n\t(c)\tgiving an address at which such payments may be made.\n214—Confirmation of provisional orders made overseas\n\t(a)\tan overseas order (other than an order in an affiliation case or an order consequent upon such an order) has no effect under the law of the reciprocating country in which it is made unless and until confirmed by a court outside that reciprocating country (whether or not it appears from the order that it may be confirmed by a court in this State); and\n\t(b)\ta certified copy of the order and the depositions of the witnesses in the proceedings in which the order was made, together with a statement of the grounds on which the making of the order could have been opposed if the defendant had appeared at the hearing, have been received by the Collector; and\n\t(c)\tit appears to the Collector that—\n\t(i)\tthere are reasonable grounds for believing that the defendant is resident in, or proceeding to, this State; and\n\t(ii)\tthe order will have effect under the law of the reciprocating country if it is confirmed by a court in this State,\na summons may, subject to subsection (2), on the application of the Collector, be issued by any justice calling upon the defendant to appear before the Magistrates Court to show cause why the provisional order should not be confirmed.\n\t(2)\tIn the case of a provisional order made in a country having restricted reciprocity, the Collector must not make an application as provided by subsection (1) unless satisfied that the order is of such a kind (apart from its provisional nature) as could be made under this Part.\n\t(3)\tAt the hearing the defendant may raise any ground of opposition which he or she could have raised in the original proceedings or any ground of opposition which he or she could have raised if those proceedings had been heard in this State, and the statement referred to in subsection (1) is conclusive evidence that the grounds referred to in that statement are grounds on which the making of the order might have been refused in the original proceedings.\n\t(4)\tIf the defendant, having been served in this State with the summons, does not appear at the hearing, or if the defendant appears at the hearing but fails to satisfy the court that the order ought not to be confirmed, the court may confirm the provisional order (either with or without modification), but the court may, if it thinks it just to do so, discharge the provisional order.\n\t(5)\tWhere a provisional order is confirmed under this section (whether with or without modification), the order as so confirmed is enforceable and has effect in this State as if it were an order validly made by the court in this State.\n215—Order enforceable in this State may be sent to another Australian State\n\t(1)\tWhere an overseas order is enforceable in this State under this Subdivision, and it appears to the Collector that there are reasonable grounds for believing that the defendant has ceased to reside in this State and is resident in, or proceeding to, another Australian State, the Collector may send to the Collector for that Australian State—\n\t(a)\tthree certified copies of the overseas order; and\n\t(c)\tsuch information and material as the Collector possesses for facilitating the identification, and ascertaining the whereabouts, of the defendant; and\n\t(d)\ta request in writing that the order be made enforceable in that Australian State,\nand if the Collector does so, the Collector must notify the officer of the appropriate court or the appropriate authority in the reciprocating country of the fact that he or she has so sent the documents.\n\t(2)\tWhere a request is made under subsection (1)—\n\t(a)\tthe order is unenforceable in this State, and, if the order has been registered in a court in this State, that registration will be taken to be cancelled; and\n\t(b)\tthe order remains unenforceable in this State and no proceedings for its enforcement lie, unless and until it is registered, or again registered, in this State; and\n\t(c)\ta warrant or other process under this Act arising out of the order previously issued in this State and not executed ceases to have effect.\n216—Registration of overseas orders registered or confirmed in another Australian State\n\t(a)\tthe Collector receives from the Collector for another Australian State—\n\t(i)\tthree certified copies of an overseas order; and\n\t(ii)\ta Collector's certificate signed by the Collector for that Australian State relating to the order; and\n\t(iii)\ta request in writing that the order be made enforceable in this State; and\n\t(b)\tit appears from the Collector's certificate that—\n\t(i)\tthe order has been registered in, or confirmed by, a court in that Australian State under a law of that Australian State corresponding with this Subdivision; and\n\t(ii)\tthe order was, at the date of the certificate, presently enforceable in that Australian State in accordance with that law,\nthe Collector must if it appears to him or her that there are reasonable grounds for believing that the defendant is residing in, or proceeding to, this State, send the documents to the Magistrates Court, with a request that the order be registered in that court.\n\t(2)\tUpon a request being made under subsection (1), the order must (whether or not it is of such a kind as could be made under this Part) be registered and a certified copy of the order and the certificate must be filed in the court.\n\t(3)\tAn overseas order so registered is, until the registration is cancelled, enforceable in this State, both in respect of any arrears payable under the order and of amounts becoming due under the order after it is so registered.\n\t(4)\tUpon registration of an overseas order, the Collector must notify the officer of the appropriate court or the other appropriate authority in the reciprocating country accordingly, and must cause a certified copy of the order to be served upon the defendant, together with a notice of registration of the order in this State—\n\t(c)\tgiving an address at which such payments may be made.\n217—Transmission of documents where defendant not in this State\nWhere the Collector receives documents relating to an overseas order (including a provisional order) that have been transmitted to this State for the purpose of having the order made enforceable or confirmed in this State and it appears to him or her that the defendant is not resident in, or proceeding to, this State but is resident in, or proceeding to another Australian State or a reciprocating country other than that in which the order was made, the Collector may, instead of taking steps with a view to the registration or confirmation of the order in this State—\n\t(a)\ttransmit the documents to the Collector for that other Australian State or an appropriate authority in that other reciprocating country together with such information as the Collector possesses concerning the whereabouts and intended movements of the defendant; and\n\t(b)\tgive to the officer of the appropriate court or other appropriate authority in the reciprocating country in which the order was made notice of the fact that the documents have been so transmitted.\n218—Cancellation of registration\n\t(a)\tan overseas order is registered or confirmed under this Subdivision; and\n\t(b)\tthe Collector receives a request in writing made by an officer of the Court that made the order or some other appropriate authority in the reciprocating country that the order be made no longer enforceable in this State,\nthe Collector must send the request to the Magistrates Court, which must file the request and, if the order is registered under this Subdivision, cancel the registration of the order.\n\t(2)\tWhere such a request has been so filed—\n\t(a)\tthe overseas order is unenforceable in this State; and\n\t(b)\tthe order remains unenforceable in this State unless and until it is registered, or again registered, in this State; and\n\t(c)\ta warrant or other process under this Act arising out of the order previously issued in this State and not executed ceases to have effect.\n219—Proceedings for enforcement\n\t(1)\tWhere an overseas order is enforceable in this State by virtue of this Subdivision—\n\t(a)\tall proceedings may be taken for the enforcement of the order; and\n\t(b)\tthe provisions of this Part, so far as they are applicable and with such modifications as are necessary, apply and have effect,\nas if it were a maintenance order made under this Part.\n\t(2)\tThe Collector may take any proceedings that are authorized by or by virtue of subsection (1).\n\t(3)\tWhere proceedings are so taken by the Collector, the court will, unless it is satisfied by evidence to the contrary, presume that the enforcement of the order is required for the actual support of the person for whose benefit the order was made and that since the order became enforceable in this State no money has been paid under the order otherwise than to the Collector.\n220—Defendant in this State may apply for order of variation\n\t(1)\tWhere an overseas order is enforceable in this State by virtue of this Subdivision, the defendant may make an application in writing, in accordance with the prescribed form, to a the Magistrates Court for an order discharging, suspending or varying the overseas order, and that court has jurisdiction to hear and determine the application.\n\t(2)\tWhere a South Australian order is enforceable under the law of a reciprocating country in which the defendant is for the time being resident, the complainant may make an application in writing, in accordance with the prescribed form, to the Magistrates Court for an order varying or (if the order has been suspended) reviving, the order.\n\t(3)\tThe applicant must cause notice of an application under this section to be served personally or by post upon the Collector at the main office of the Department in Adelaide not less than 14 days before the hearing of the application.\n\t(4)\tThe evidence of any witness who is examined at the hearing of any such application must be put into writing and must be read over to, and signed by, him or her.\n\t(5)\tThe court must, as far as practicable, hear and determine an application under this section as if it were a similar application under Division 5.\n221—Discharge, suspension or variation of order made in absence of defendant\n\t(a)\tan application is made by a defendant for the discharge, suspension or variation of an overseas order; and\n\t(b)\tthe defendant did not appear at the hearing of the proceedings upon which the overseas order was made and was not served personally in the reciprocating country with notice of those proceedings; and\n\t(c)\tthe application is made within six months after service on the defendant, of notice of registration of the order in this State,\nthe defendant may, in addition to raising any matter that could have been raised on an application under section 144, raise any ground of opposition that he or she could have raised had the proceedings on which the overseas order was made been heard in this State.\n222—Law to be applied\nIn an application under section 220 the law to be applied is the law of this State.\n223—Certain orders to be provisional only\n\t(1)\tWhere the court proposes to make an order on an application under section 220 and any court in the reciprocating country will, if the order is provisional only, have jurisdiction to confirm the order, the order is provisional only and has no effect unless and until confirmed (either with or without modification) by such a court, and must be expressed accordingly.\n\t(2)\tWhere a provisional order is made in accordance with this section, the Collector must send a certified copy of the provisional order, together with the depositions of the witnesses, to an officer of a court in the reciprocating country having jurisdiction to confirm the provisional order, or to an appropriate authority in that country for transmission to such court.\n\t(3)\tWhere a court in the reciprocating country confirms (either with or without modification) a provisional order made on an application under section 220, the order is enforceable and has effect in this State as so confirmed.\n\t(4)\tNotwithstanding anything contained in this section, if a provisional order made on an application under section 220(2) is confirmed (either with or without modification) by a court of a reciprocating country (being a country other than the country specified in the order) in which the defendant is resident at the time of the confirmation, the order is enforceable and has effect in this State as so confirmed.\n224—Procedure where provisional order remitted by court in reciprocating country\n\t(1)\tWhere a provisional order made in accordance with section 223 is remitted by a court in a reciprocating country to the Magistrates Court, the Magistrates Court must, after notice has been given to such persons and in such manner as the court thinks fit, proceed to take the evidence, and must send the depositions of the witnesses to the Collector for transmission to the court in the reciprocating country.\n\t(2)\tIf, upon the taking of the further evidence, it appears to the court that the order ought not to have been made, the court may rescind the order and may, if it thinks fit, make a fresh provisional order in its stead.\n225—Confirmation in this State of provisional orders of variation made in reciprocating countries\n\t(a)\ta certified copy of—\n\t(i)\ta provisional order made by a court of a reciprocating country discharging, suspending, varying or reviving a South Australian order enforceable in that reciprocating country; or\n\t(ii)\ta provisional order made by a court in a reciprocating country discharging, suspending, varying or reviving an overseas order made in that reciprocating country and enforceable in this State by virtue of this Subdivision; and\n\t(b)\tthe depositions of the witnesses who gave evidence at the hearing of the application upon which the provisional order was made,\nthe Collector must, on behalf of the party on whose application the provisional order was made in the reciprocating country, apply to the Magistrates Court for an order confirming the provisional order.\n\t(2)\tThe Collector must cause notice in accordance with the prescribed form of the application under this section to be served on the respondent to the application not less than seven days before the hearing of the application.\n\t(3)\tUpon the hearing of any such application, the court may—\n\t(a)\tconfirm the provisional order (either with or without modification); or\n\t(b)\tdischarge the provisional order; or\n\t(c)\tadjourn the proceedings and remit the provisional order to the court that made it with a request that the court take further evidence and further consider its provisional order.\n\t(4)\tWhere a provisional order is confirmed under this section (whether with or without modification) the order as so confirmed is enforceable and has effect in this State as if it were an order validly made by the court in this State.\n226—Power of Governor to declare reciprocating countries\n\t(1)\tWhere the Governor is satisfied that the law of a country makes provision for the enforcement in that country of maintenance orders made in another country and that under that law South Australian orders may be made enforceable in that country, the Governor may, by proclamation, declare that country to be a reciprocating country for the purposes of this Act.\n\t(2)\tIf it appears to the Governor that the jurisdiction of the courts of a country specified, or to be specified, in a proclamation under subsection (1) to make maintenance orders extends to the making of orders that are not of the same kind as orders that may be made in this State under this Part, the Governor may, by the same or a subsequent proclamation, declare that that country has restricted reciprocity with this State.\n\t(3)\tIn a proclamation made under subsection (1) or (2) the Governor may specify, in relation to the country to which the proclamation applies, a date, which may be before or after or the same day as the date of the proclamation, and declare that maintenance orders made in that country on or after that date are enforceable in this State in accordance with the provisions of this Act.\n\t(4)\tThe Governor may, by proclamation, revoke or vary or further vary any proclamation made under subsection (1) or (2) or any corresponding previous enactment.\n\t(5)\tWhere, by virtue of any proclamation made pursuant to this section, a country that has been a reciprocating country ceases to be a reciprocating country—\n\t(a)\ta maintenance order made in that country and enforceable in this State by virtue of this Subdivision ceases to be so enforceable and no further proceedings for its enforcement may lie; and\n\t(b)\ta warrant or other process under this Act arising out of any such order previously issued in this State and not executed ceases to have effect,\nbut this subsection does not affect the validity of anything done under this Act for the enforcement of a maintenance order while that country was a reciprocating country.\n\t(6)\tAt least once in every year the Collector must cause to be published in the Gazette a list of the names of the reciprocating countries, showing the respective dates upon which they became reciprocating countries, the dates, if any, on or after which maintenance orders made in those countries are enforceable in this State and indicating which of those countries are countries having restricted reciprocity.\n\t(7)\tA copy of the Gazette containing such a list will be accepted in any proceedings as evidence of the matters stated in the list and of the fact that a country shown in the list as a reciprocating country of either class continues to be a reciprocating country of that class.\nSubdivision 4—General\n227—Payments to be made to Collector\nWhile a maintenance order is enforceable in this State under Subdivision 2 or Subdivision 3, all money directed by the order to be paid is payable and must be paid by the person against whom the order is made to the Collector, and the receipt of the Collector for any such money is a sufficient discharge of the liability of the person to pay that money in accordance with the order.\n228—Collector to notify changes in orders enforceable in other Australian States or reciprocating countries\nWhere the operation of a South Australian order enforceable in another Australian State or in a reciprocating country, or the operation of an interstate order or overseas order enforceable in this State, is affected by an order (other than a provisional order), event or other matter made, occurring or arising in this State of which the Collector has notice, the Collector must send to the Collector for the other Australian State, or to an appropriate authority in that reciprocating country, a certified copy of the order, or a notice in writing giving particulars of the event or other matter, by which the operation of the order has been so affected.\n229—Collector to note changes in orders made or enforceable in South Australia\n\t(1)\tWhere the Collector receives from the Collector for another Australian State or from an appropriate authority in a reciprocating country a certified copy of an order (other than a provisional order), or a notice in writing giving particulars of an event or other matter, made, occurring or arising in that other Australian State or in that reciprocating country and affecting, in a manner appearing from the certified copy or notice, the operation of a South Australian order enforceable in that other Australian State or in that reciprocating country, or of an interstate order or overseas order enforceable in this State under this Division, the Collector must—\n\t(a)\tfile the certified copy or notice in the Magistrates Court; and\n\t(b)\tif the complainant or defendant is resident in this State, cause a copy of the certified copy or notice to be served on the complainant or defendant, as the case may require.\n\t(2)\tWhere a certified copy or notice is filed in accordance with subsection (1) in relation to a maintenance order, the order, event or matter has the same effect in this State as it appears from the certified copy or notice to have in the other Australian State or reciprocating country.\n\t(3)\tThis section does not apply in relation to an order made in a reciprocating country affecting a maintenance order in a manner adverse to the defendant unless it appears from the documents received by the Collector that the defendant appeared on the hearing of the proceedings in connection with which the first-mentioned order was made.\n230—Conversion of currency\n\t(1)\tFor the purposes of this Division, an overseas order (including a provisional order) or a certificate or notice originating in a reciprocating country, that refers to an amount of money (including an amount of arrears) expressed in the currency of a reciprocating country will be taken to refer to the amount that was the equivalent amount in Australian currency on the prescribed date on the basis of the telegraphic transfer rate of exchange that prevailed on that date.\n\t(2)\tFor the purposes of this section, a certificate signed by the Collector, or the Collector for another Australian State, and purporting to be based on information obtained from an ADI, stating that a specified amount in Australian currency was, on a specified date, the equivalent of a specified amount in another currency on the basis of the telegraphic transfer rate of exchange prevailing on that date is evidence of the matter stated in the certificate.\n\t(3)\tWhere a certificate of a Collector in accordance with subsection (2) has been filed in the Magistrates Court in relation to an order, certificate or notice, every copy of that order, certificate or notice served on any person must be accompanied by a copy of the first-mentioned certificate.\n\t(4)\tWhere, under this Division, the Collector is required to remit an amount of money to a country outside the Commonwealth, the Collector must remit such amount in the currency of that country as he or she is able to remit by the expenditure of that first-mentioned amount.\n\t(5)\tIn this section—\nthe prescribed date means—\n\t(a)\tin relation to a maintenance order registered under this Division, or a certificate with respect to the arrears payable under a maintenance order sought to be so registered—the day upon which the order is registered; or\n\t(b)\tin relation to a provisional order confirmed under this Division—the day upon which the order is confirmed; or\n\t(c)\tin relation to an order or notice referred to in section 229(1)—the day upon which the certified copy of the order or the notice is filed in the court in accordance with that subsection.\n231—Translation of orders and records\nWhere a certified copy of an order of a court (including a provisional order), a record of the evidence of a witness or other document arising out of, or relating to, proceedings in a court outside the Commonwealth is not in the English language, it must not be used for the purpose of registering an order under this Division or received in evidence in the Magistrates Court in proceedings under this Division, unless it is accompanied by a translation of the document into the English language certified under the hand of an officer of the court outside the Commonwealth to be a correct translation, or bearing the seal of that court, and, where such a document is accompanied by such a translation—\n\t(a)\tthe translation may be received in evidence to the same extent as the document of which it is a translation and will, unless the contrary is proved, be taken to be a correct translation; and\n\t(b)\tall notations made on the document must also be made on the translation; and\n\t(c)\tany copy of the document served on any person must be accompanied by a copy of the translation.\n232—Certificate of payment of arrears\nIn any proceedings under or for the purposes of this Division, a certificate purporting to be signed by the Collector or the Collector for another Australian State, or a similar officer of a reciprocating country in which a maintenance order was made or is enforceable, concerning amounts paid or unpaid under a maintenance order, is evidence of the facts stated in the certificate.\n233—Evidentiary\n\t(1)\tFor the purposes of this Division and in proceedings under or arising out of this Division, a document purporting to be—\n\t(a)\ta certified copy of an order (including a provisional order) of a court; or\n\t(b)\tthe record, or a certified copy of the record, of the evidence of a witness in proceedings before a court; or\n\t(c)\ta certificate or notice of a kind referred to in this Division,\nwill, unless the contrary is proved, be taken to be such a certified copy, record, certificate or notice, and must be admitted in evidence without proof of the signature of the person purporting to have signed it or of his or her official position.\n\t(2)\tThe depositions of a witness in proceedings before a court in another Australian State or in a reciprocating country, received in this State for the purposes of this Act, are admissible in evidence in proceedings under this Act.\n234—Service of documents\n\t(1)\tExcept where the contrary intention appears in this Division, any document required or permitted by this Division to be served on a person must be served on that person personally.\n\t(2)\tA document required by section 201(4), 213(5), 216(4) or 229(1) to be served on a person may be served on that person—\n\t(a)\tpersonally; or\n\t(b)\tby sending a copy of it, by post, to that person's usual or last known place of residence or business.\n\t(3)\tA document that is required or permitted to be served on a person personally under this Division may be served on that person—\n\t(b)\tby leaving a copy of it at the usual or last known place of residence or business of that person with some person, apparently over the age of 16 years, who apparently resides in that place of residence or is employed at that place of business.\n235—Audit\nThe accounts of the Collector must, at least once in every year, be audited by the Auditor-General.\n","sortOrder":14},{"sectionNumber":"Part 7","sectionType":"part","heading":"Provisions of general application","content":"Part 7—Provisions of general application\n236A—Hindering a person in execution of duty\nA person who hinders the Chief Executive or any other person in the execution, performance or discharge of a power, function or duty under this Act is guilty of an offence.\nPenalty: Division 7 fine or division 7 imprisonment.\n236B—Impersonating an employee of the Department\nA person who falsely represents himself or herself by word or conduct to be an employee of the Department and to be authorised by or pursuant to this Act or any other Act to exercise certain powers is guilty of an offence.\nPenalty: Division 7 fine or division 7 imprisonment.\n237—Exclusion of persons from the hearing of certain cases\n\t(1)\tWhere in any proceedings there are circumstances that make it desirable, in the interests of the proper administration of justice, that the proceedings, or any part of the proceedings, should not be heard in open court, the court may order that any persons (not being party to the proceedings, their counsel or solicitors, or employees of the Department) be excluded during the hearing of those proceedings, or that part of the proceedings.\n\t(2)\tAt the hearing of a complaint in an affiliation case only the following persons are permitted to be present in the court:\n\t(a)\tthe adjudicating judge, magistrate or justice and the officers of the court;\n\t(b)\tthe complainant and the defendant and their respective counsel and solicitors, and the clerks of the counsel or solicitors;\n\t(c)\tthe mother, sister, or friend of the complainant, if the complainant desires the presence of any such person;\n\t(d)\tany person while being examined as a witness;\n\t(e)\tthe mother, sister, or female friend of any female witness if she desires the presence of any such person while she is being examined as a witness;\n\t(f)\temployees of the Department,\nunless the court thinks fit to permit any other person to be present.\n238—Restriction on publication of reports on affiliation proceedings etc\n\t(1)\tA person who prints or publishes or causes or procures to be printed or published any particulars whatsoever in relation to any complaint or proceedings under this Act arising from the birth of a child outside marriage or concerning an affiliation case, or in relation to any proceedings incidental to such a complaint or proceedings, is guilty of an offence.\nPenalty: Division 5 fine.\n\t(2)\tA person who sells, or distributes or causes or procures to be sold or distributed or who has in his or her possession for sale or distribution any newspaper or document containing or purporting to contain any matter or details or particulars the printing or publication of which would be a contravention of this section is guilty of an offence.\nPenalty: Division 5 fine.\n\t(4)\tThis section does not apply to—\n\t(a)\tthe printing, sale, distribution or possession of any pleading, transcript of evidence or other document for the purposes of the proceedings; or\n\t(b)\tthe printing or publishing of any notice or report in pursuance of the directions of the adjudicating court; or\n\t(c)\tany matter that forms part of a genuine series of reports of proceedings in courts of law which reports do not form part of any other publication; or\n\t(d)\tany publication of a technical character primarily intended for circulation amongst members of the legal or medical professions or amongst persons engaged in community welfare work.\n\t(5)\tNo prosecution for an offence against this section may be commenced by any person without the authority in writing of the Minister.\n239—Institution and conduct of proceedings\n\t(1)\tWhere a person is entitled to bring proceedings under this Act, the Minister may, upon the request of that person, institute and conduct those proceedings in the name, and on behalf, of that person.\n\t(1a)\tWhere proceedings are brought for the discharge, variation or suspension of a maintenance order, the Minister may, upon the request of the person against whom the proceedings are brought, defend those proceedings.\n\t(2)\tAny proceedings that may be taken under this Act may be taken by an employee of the Department.\n\t(3)\tThe Crown Solicitor may represent any party in proceedings under this Act.\n240—Evidentiary provision\n\t(1)\tAn apparently genuine document purporting to be an order, authorization or document under the hand or seal of the Minister, or under the hand of the Chief Executive, will, in any legal proceedings, be taken, in the absence of evidence to the contrary, to be an order, authorization or document duly made or executed by the Minister or the Chief Executive, as the case may require.\n\t(2)\tIn any proceedings under this Act taken by an employee of the Department, an allegation that any premises or place referred to in the complaint were or was a children's residential facility established or licensed under this Act will, in the absence of evidence to the contrary, be taken to be proved.\n242—The Chief Executive may require report\n\t(1)\tThe Chief Executive may require any person whom he or she believes to be in a position to do so, to furnish the Chief Executive with a report as to the financial circumstances or transactions of—\n\t(a)\tany person who has applied for financial assistance under this Act, or on whose behalf such an application has been made; or\n\t(b)\tany person who is in receipt of any such assistance; or\n\t(d)\tany person from whom maintenance is sought under this Act; or\n\t(e)\tany person who is, pursuant to any provision of this Act or the order of any court, required to pay any money to the Chief Executive.\n\t(2)\tA person who fails to comply with a requirement under subsection (1) or who furnishes a report that is false or misleading in any material particular is guilty of an offence.\n243—Ascertainment of earnings\n\t(1)\tWhere in any proceedings under this Act, it is material to ascertain the earnings of a person, the court may receive as evidence of those earnings a statement in writing signed by—\n\t(a)\tthe employer of that person; or\n\t(b)\ta person employed by that employer as manager, secretary, accountant, or in such other capacity as, in the opinion of the court, qualifies the person to testify of his or her own knowledge to the earnings of the person whose earnings are in question; or\n\t(c)\ta member of the police force of this State, any other State or Territory of the Commonwealth, or of the Commonwealth, who has ascertained, or claims in the statement to have ascertained, from a person referred to in paragraph (a) or (b), any information as to the earnings of that person.\n\t(2)\tWhere in any proceedings under this Act, it is material to ascertain the financial position of any person, the court may receive as evidence of the person's financial position a statement in writing signed by him or her.\n\t(3)\tA document purporting to be a statement in writing under subsection (1) or (2) will, in any proceedings under this Act, in the absence of evidence to the contrary, be accepted without further proof as a statement under this section.\n244—Appropriation of maintenance payments\nAny money paid in pursuance of an order for maintenance, (whether made in pursuance of this Act, or any other Act or law) will, subject to any order of a court, or any direction of the defendant, as to the appropriation of the money, be taken to have been paid towards the discharge—\n\t(a)\tfirst, of any liability (apart from a liability to pay costs) arising under the order, a liability falling due at an earlier date being discharged before the money is applied towards the discharge of a liability falling due at a later date;\n\t(b)\tsecondly, towards the discharge of any liability to pay costs in the proceedings in which the order was made.\n245—Evidence of spouses\nThe spouse of any person is competent and compellable to give evidence for or against that person in any proceedings under this Act.\n246—Officer of Department not to be compelled to give certain evidence etc\nNo employee of the Department, or other person holding any office or position under this Act, may, in any proceedings before a court, be compelled to give evidence, or produce any document relating to any matter in connection with which any employee of the Department or other person has in the course of his or her duties given advice to, or been consulted by, any person, except—\n\t(a)\twhere the evidence or document relates specifically to the payment or non-payment of maintenance or financial assistance; or\n\t(b)\twhere the evidence relates to, or the document constitutes, correspondence between an employee of the Department and a party to the proceedings who is not represented by an employee of the Department.\n247—Application of Act to persons residing outside the State\n\t(1)\tSubject to the Service and Execution of Process Act 1901 of the Commonwealth, the obligations created by this Act may be enforced against defendants who reside outside the boundaries of this State.\n\t(2)\tA summons or other process issued under this Act may be served either in this State or in any other State or Territory of the Commonwealth.\n248—Continuity of order\nSubject to this Act, an order made pursuant to this Act is not revoked by a subsequent order unless the subsequent order expressly or by necessary implication revokes or varies the former order.\n249—Orders need not be served\nExcept as otherwise expressly provided by this Act, an order is valid notwithstanding that no copy or notice of the order has been served on the defendant.\n251—Regulations\nThe Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act and, without limiting the generality of the foregoing, regulations may be made with respect to the following matters—\n\t(a)\tthe duties, powers, authorities and privileges, of persons employed in the administration of this Act;\n\t(b)\tthe composition, and the meetings and proceedings of any advisory committee;\n\t(c)\tthe management, control and supervision of children's residential facilities or other facilities established by the Minister;\n\t(i)\tthe provision of allowances for children under the guardianship or in the custody of the Minister or the Chief Executive, or the Chief Executive under the Children and Young People (Safety) Act 2017, pursuant to an order under that or any other Act;\n\t(j)\tthe management and control of property vested in, or in the control of the Minister;\n\t(m)\tthe manner in which a person may apply for assistance under this Act;\n\t(n)\tthe regulation of any matters relating to blood tests made for the purposes of affiliation cases;\n\t(o)\tthe regulation of any matters or procedures relating to maintenance or the recovery of money in connection with maintenance;\n\t(r)\tprescribing fines, not exceeding a division 8 fine, for breach of, or non-compliance with, any regulation.\nLegislative history\nNotes\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nFormerly\nCommunity Welfare Act 1972\nLegislation repealed by principal Act\nThe Family and Community Services Act 1972 repealed the following:\nAboriginal Affairs Act 1962\nAboriginal Affairs Act Amendment Act 1967\nAboriginal Affairs Act Amendment Act 1968\nChildren's Protection Act 1936\nChildren's Protection Act Amendment Act 1961\nChildren's Protection Act Amendment Act 1969\nMaintenance Act 1926\nMaintenance Act Amendment Act 1930\nMaintenance Act 1937\nMaintenance Act Amendment Act 1937\nMaintenance Act Amendment Act 1941\nMaintenance Act Amendment Act 1946\nMaintenance Act Amendment Act 1948\nMaintenance Act Amendment Act 1950\nMaintenance Act Amendment Act 1952\nMaintenance Act Amendment Act 1957\nMaintenance Act Amendment Act 1958\nMaintenance Act Amendment Act 1963\nMaintenance Act Amendment Act 1965\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n Community Welfare Act 1972\n27.4.1972\n1.7.1972 (Gazette 29.6.1972 p2689) except Pt 4 Div 2 Subdiv 6—deleted by 67/1981 and except s 112—15.1.1987 (Gazette 15.1.1987 p55)\n Community Welfare Act Amendment Act 1973\n6.12.1973\n20.12.1973 (Gazette 20.12.1973 p3337)\n Community Welfare Act Amendment Act 1975\n10.4.1975\n12.6.1975 (Gazette 12.6.1975 p2260)\n Statute Law Revision Act (No. 3) 1975\n Community Welfare Act Amendment Act (No. 2) 1975\n29.1.1976 (Gazette 29.1.1976 p356)\n Community Welfare Act Amendment Act 1976\n16.12.1976\n7.4.1977 (Gazette 7.4.1977 p1070)\n Community Welfare Act Amendment Act 1979\n15.3.1979\n5.7.1979 (Gazette 5.7.1979 p4)\n Community Welfare Act Amendment Act 1981\n15.10.1981\n2.5.1983 (Gazette 28.4.1983 p944) except s 21—2.7.1984 (Gazette 7.6.1984 p1526) and except the part of s 34 inserting s 250B—uncommenced\n Tobacco Sales to Children (Prohibition) Act 1984\n Family Relationships Act Amendment Act 1984\n20.12.1984\n14.2.1985 (Gazette 14.2.1985 p366)\n Children's Services Act 1985\n28.3.1985\nSch 2—5.9.1985 (Gazette 5.9.1985 p700), 12.9.1985 (Gazette 12.9.1985 p796) and 1.10.1985 (Gazette 26.9.1985 p944)\n Statute Law Revision Act 1986\n20.3.1986\nSch 4—1.1.1990 (Gazette 14.12.1989 p1768)\n Community Welfare Act Amendment Act 1988\n21.4.1988\n1.9.1988 (Gazette 25.8.1988 p794)\n Community Welfare (Children) Amendment Act 1993\n4.11.1993\n1.1.1994 (Gazette 4.11.1993 p2166)\n Statutes Amendment (Sentencing of Young Offenders) Act 1996\n15.8.1996\n8.10.1996 (Gazette 29.8.1996 p810)\n Financial Sector Reform (South Australia) Act 1999\n17.6.1999\nSch (item 23)—1.7.1999 being the date specified under s 3(16) of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 of the Commonwealth as the transfer date for the purposes of that Act: s 2(2)\n Justices of the Peace Act 2005\n17.11.2005\nSch 2 (cll 22—25)—1.7.2006 (Gazette 22.6.2006 p2012)\n Children's Protection (Miscellaneous) Amendment Act 2005\n8.12.2005\nSch 1 (cl 1)—1.2.2006 (Gazette 19.1.2006 p237)\n Statutes Amendment (New Rules of Civil Procedure) Act 2006\n6.7.2006\nPt 34 (ss 126 & 127)—4.9.2006 (Gazette 17.8.2006 p2831)\n Health Care Act 2008\n13.3.2008\nSch 4 (cl 9)—1.7.2008 (Gazette 26.6.2008 p2563)\n Statutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 62 (ss 138—140)—1.2.2010 (Gazette 28.1.2010 p320)\n Statutes Amendment (Rights of Foster Parents, Guardians and Kinship Carers) Act 2016\n17.3.2016\nPt 3 (s 6)—17.9.2016: s 2\n Youth Justice Administration Act 2016\n17.3.2016\nSch 1 (cll 8—12)—1.12.2016 (Gazette 8.9.2016 p3677)\n Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017\n12.12.2017\nPt 14 (ss 74 to 115)—22.10.2018 (Gazette 19.12.2017 p5119)\n Statutes Amendment (Legalisation of Same Sex Marriage Consequential Amendments) Act 2019\n19.12.2019\nPt 6 (ss 10 to 14)—1.5.2020 (Gazette 30.4.2020 p838)\nChildren and Young People (Safety and Support) Act 2025\n12.6.2025\nSch 2 (cll 18 to 24)—uncommenced\nProvisions amended since 3 February 1976\n\t•\tLegislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 2 of The Public General Acts of South Australia 1837-1975 at page 275.\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\nPt 1\n\ns 1\nsubstituted by 95/1993 s 3\ns 2\ns 3\ns 4\namended by 111/1976 s 3\n\namended by 43/1979 s 3\n\namended by 67/1981 s 3\n\ns 5\namended by 43/1979 s 4\n\ns 5A\ninserted by 67/1981 s 4\n\ns 6\n\ns 6(1)\n\nAboriginal\ndeleted by 67/1981 s 5(a)\nAboriginal Reserve\ndeleted by 67/1981 s 5(a)\nadopted child\ndeleted by 95/1993 s 4(a)\nassessment centre\ndeleted by 43/1979 s 5(a)\nassessment panel\ninserted by 43/1979 s 5(a)\n\ndeleted by 95/1993 s 4(b)\nauthorised officer\ninserted by 95/1993 s 4(b)\n\ndeleted by 64/2017 s 74(1)\nbaby-sitting agency\ninserted by 111/1976 s 4(a) \n\namended by 67/1981 s 5(b)\n\n12.9.1985\nChief Executive\ninserted by 95/1993 s 4(b)\n\nChief Executive Officer amended to read Chief Executive by 64/2017 s 74(2)\nchild\namended by 43/1979 s 5(b)\nchild born outside marriage\nsubstituted by 102/1984 s 8(2) (Sch Pt 2)\n14.2.1985\nchild care centre\nsubstituted by 67/1981 s 5(c)\n\nsubstituted by 21/1985 s 4(2) (Sch 2)\n5.9.1985\n\nChildren's Court\ninserted by 43/1979 s 5(c)\n\nchild under the care and control of the Minister\ndeleted by 43/1979 s 5(d)\nchildren's home\namended by 111/1976 s 4(b)\n\nsubstituted by 67/1981 s 5(d)\n\nchildren's residential facility\ninserted by 95/1993 s 4(c)\n\ndeleted by 64/2017 s 74(3)\ncommunity council\nDepartment\nsubstituted by 95/1993 s 4(d)\n\nsubstituted by 84/2009 s 138\nDeputy Director-General\namended by 67/1981 s 5(e)\n\ndeleted by 95/1993 s 4(d)\nDirector-General\namended by 67/1981 s 5(f)\n\ndeleted by 95/1993 s 4(d)\nfamily day-care agency\ninserted by 67/1981 s 5(g)\n\nfoster care agency\ninserted by 67/1981 s 5(g)\n\ndeleted by 64/2017 s 74(4)\nfoster parent\namended by 67/1981 s 5(h)\n\nsubstituted by 95/1993 s 4(e)\n\ndeleted by 64/2017 s 74(5)\nguardian\nsubstituted by 43/1979 s 5(e)\n\nsubstituted by 95/1993 s 4(f)\n\namended by 64/2017 s 74(6)\nhome\ndeleted by 95/1993 s 4(g)\njuvenile court\ndeleted by 43/1979 s 5(f)\nJuvenile Courts Act\ndeleted by 43/1979 s 5(f)\nmaintenance order\nMagistrates Court\ninserted by 95/1993 s 4(g)\nMinister\n\ndeleted by 64/2017 s 74(7)\nnear relative\nsubstituted by 67/1981 s 5(i)\nneglected child\ndeleted by 43/1979 s 5(g)\npreliminary expenses\nparent\nsubstituted by 95/1993 s 4(h)\nrelative\nsubstituted by 67/1981 s 5(j)\nreview board\nreview panel\ninserted by 14/1986 s 3(1) (Sch 4)\n\nstep-father\ndeleted by 67/1981 s 5(k)\nstep-mother\ndeleted by 67/1981 s 5(k)\nstep-parent\ninserted by 67/1981 s 5(k)\nthe repealed Aboriginal Affairs Act\nthe repealed Acts\nthe repealed Social Welfare Act\nuncontrolled child\ndeleted by 43/1979 s 5(h)\nYouth Court\ninserted by 95/1993 s 4(i)\n\ndeleted by 64/2017 s 74(8)\nyouth project centre\ns 6(2)\n\nsubstituted by 46/2019 s 10\ns 6(3) and (4)\ns 6(5)\ninserted by 95/1993 s 5\n\namended by 64/2017 s 74(9)\nPt 2\namended by 111/1976 s 5\n\nPt 2 Div 1\n\ns 7\n\ndeleted by 6/2016 Sch 1 cl 8\ns 8\n\ns 8(1)\n\namended by 68/1996 s 29(a)\n8.10.1996\n\ns 8(2)\namended by 95/1993 ss 6, 36 (Sch 3)\n\nsubstituted by 68/1996 s 29(b)\n8.10.1996\n\ns 8(3)\n\ns 8(4)\namended by 95/1993 ss 6, 36 (Sch 3)\n\ndeleted by 84/2009 s 139\ns 9\n\nPt 2 Div 2\n\ns 10\n\ns 10(1)—(3)\ns 10(4)\nsubstituted by 95/1993 s 7\ns 10(5)\nPt 2 Div 3 before deletion by 64/2017\nss 11—13\ns 14\n\ns 14(1)—(3), (5)—(7)\nss 15—19\nPt 2 Div 3\ndeleted by 64/2017 s 76\nPt 2 Div 4\n\ns 20\n\ns 20(1)\ns 20(2)\nPt 2 Div 5\nsubstituted by 95/1993 s 8\n\ndeleted by 64/2017 s 77\nPt 3\n\nPt 3 Div 1\n\ns 22\n\ns 22(1)\ns 22(2)\nPt 3 Div 2\nsubstituted by 95/1993 s 9\ns 23\n\ns 23(4)\namended by 64/2017 s 78(1), (2)\nPt 3 Div 3\ns 24\nPt 4\namended by 111/1976 ss 6—16\n\namended by 43/1979 ss 6—30\n\nPt 4 Div 1 before deletion by 76/2005\nheading amended by 95/1993 s 10\ns 25\ndeleted by 95/1993 s 11\ns 26\n\ns 26(1)\ns 26(2)\ns 26(3)\namended by 30/1988 s 3 \n\ns 26(4)\nPt 4 Div 1\ndeleted by 76/2005 Sch 1 cl 1\n1.2.2006\nPt 4 Div 2\nheading amended by 30/1988 s 4\n\nPt 4 Div 2 Subdiv 1\n\namended by 30/1988 ss 5, 6\n\ndeleted by 95/1993 s 12\nPt 4 Div 2 Subdiv 2\nsubstituted by 95/1993 s 13\ns 36\n\ns 36(1)\n(a) deleted by 6/2016 Sch 1 cl 9(1)\ns 36(2)\namended by 6/2016 Sch 1 cl 9(2)\n\namended by 64/2017 s 79\ns 36(3)\namended by 6/2016 Sch 1 cl 9(3)\nPt 4 Div 2 Subdiv 3 before deletion by 64/2017\n\ns 40\nsubstituted by 95/1993 s 14\ns 41\nsubstituted by 95/1993 s 15\ns 42\namended by 95/1993 ss 16, 36 (Sch 3)\ns 43\n\ns 43(1)—(3)\ns 43(4)\ns 43(5)\ns 43(6)\ns 43A\ninserted by 95/1993 s 17\ns 44\ndeleted by 95/1993 s 18\ns 45\n\ns 45(1)\ns 45(2)\ndeleted by 95/1993 s 19\ns 46\n\ns 46(1)\nsubstituted by 95/1993 s 20\ns 46(2)\ns 46(3)\ns 47\nsubstituted by 95/1993 s 21\ns 48\n\ns 48(1)\ns 48(2)\ns 48(3)\ns 48(4)\n\ns 48(5)\ns 48(6)\ns 49\n\ns 49(1)\ns 49(2)\ns 50\nss 50A and 50B\ninserted by 95/1993 s 22\nPt 4 Div 2 Subdiv 3\ndeleted by 64/2017 s 80\nPt 4 Div 2 Subdiv 4 before deletion by 64/2017\ns 51\n\ns 51(1) and (2)\nsubstituted by 95/1993 s 23\ns 51(3)\n\nsubstituted by 95/1993 s 23\ns 51(3a)\ninserted by 95/1993 s 23\ns 51(4)\n\ns 51(5)\n\ns 51(6)\ns 52\n\ns 52(1)\ns 52(2)\ns 53\nss 54 and 55\nsubstituted by 95/1993 s 24\ns 56\nPt 4 Div 2 Subdiv 4\ndeleted by 64/2017 s 81\nPt 4 Div 2 Subdiv 5\n5.9.1985\nPt 4 Div 2 Subdiv 6\n12.9.1985\nPt 4 Div 2 Subdiv 7\nPt 4 Div 2 Subdiv 8 before deletion by 64/2017\n\ns 73\ndeleted by 95/1993 s 25\ns 74\nsubstituted by 95/1993 s 26\ns 75\ndeleted by 95/1993 s 26\ns 76\n\ns 76(1)\ns 76 amended by 14/1986 s 3(1) (Sch 4)\n\ns 76 amended and redesignated as s 76(1) by 95/1993 ss 27, 36 (Sch 2)\ns 76(2)\ninserted by 95/1993 s 27\ns 77\n\nsubstituted by 95/1993 s 28\n\namended by 6/2016 Sch 1 cl 10(1), (2)\ns 78\ndeleted by 95/1993 s 28\ns 79\ns 80\nsubstituted by 95/1993 s 29\ns 81\ns 82\namended by 30/1988 s 7\n\ns 83\namended by 79/1984 s 6\n\ns 84\n\ns 84(1)\ns 84(2)\n\namended by 33/1999 Sch (item 23(a))\ns 84(3)\ns 84(4)\n\ns 84(5)\ns 85\ndeleted by 95/1993 s 31\ns 85\ninserted by 4/2016 s 6\n17.9.2016\nPt 4 Div 2 Subdiv 8\ndeleted by 64/2017 s 82\nPt 4 Div 3\namended by 111/1976 s 17\n\namended by 30/1988 ss 8, 9\n\ndeleted by 95/1993 s 32\nPt 5\ndeleted by 67/1981 s 7\nPt 6\n\nPt 6 Div 1\nheading substituted by 67/1981 s 8\nPt 6 Div 1 Subdiv 1\nheading substituted by 67/1981 s 8\nss 92—97\ndeleted by 67/1981 s 9\ns 98\namended by 43/1979 s 31 \n\nsubstituted by 67/1981 s 9\n\ns 98(1)\namended by 64/2017 s 83\ns 99\n\ns 99(1)\ns 99(2)\namended by 43/1979 s 32 \n\namended by 64/2017 s 84\ns 99(3)\n\ns 100\n\ns 100(1)\namended by 67/1981 s 10\ns 100(2) and (3)\ns 101\n\ns 101(2)\ns 101(3)\nPt 6 Div 1 Subdiv 2\n\ns 103\ns 104\ns 104(1)\namended by 64/2017 s 85\n\namended by 46/2019 s 11\ns 105\n\ns 105(1)\n\namended by 64/2017 s 86\ns 105(3)—(5)\ns 106\n\nss 107 and 108\ns 109\n\ns 109(1)\ns 109(2), (3), (5) and (6)\ns 110\n\ns 110(1) and (2)\ns 110(3)\namended by 67/1981 s 11\n\ns 110(6)\ns 111\ns 111(1) and (3)\namended by 64/2017 s 87\ns 112\n\ns 112(1)\ns 112(3)\namended by 67/1981 s 12(a)—(c)\n\ns 112(4) and (5)\nsubstituted by 67/1981 s 12(d)\n\ns 112(7)\namended by 67/1981 s 12(e), (f)\n\namended by 3/2008 Sch 4 cl 9\n1.7.2008\ns 112(8)\namended by 67/1981 s 12(g)\n\ns 112(9)\namended by 67/1981 s 12(h)—(j)\n\ns 112(9a)\ninserted by 67/1981 s 12(k)\n\ns 112(10)\namended by 67/1981 s 12(l), (m)\n\ns 112(11)\nsubstituted by 67/1981 s 12(n)\n\ns 112(12)\namended by 67/1981 s 12(o)\n\ns 112(13)\n\namended by 17/2006 s 126\nPt 6 Div 1 Subdiv 3\n\ns 113\nPt 6 Div 1 Subdiv 4\nheading amended by 67/1981 s 13\nss 114—116\ndeleted by 67/1981 s 14\ns 117\ns 117(1)\namended by 64/2017 s 88\nPt 6 Div 2\namended by 43/1979 s 33\n\ndeleted by 67/1981 s 15\nPt 6 Div 3\ns 130\ns 131\n\ns 131(1)\namended by 67/1981 s 16\n\ns 131(2)\ns 132\ndeleted by 67/1981 s 17\ns 133\n\ns 133(1)\namended by 67/1981 s 18\n\ns 133(2)\nPt 6 Div 4\n\ns 134\namended by 67/1981 s 19\n\ns 135\nsubstituted by 67/1981 s 20\ns 135(1)\ns 135(3)\ns 137\ndeleted by 67/1981 s 21\n2.7.1984\ns 138\ns 139\ndeleted by 67/1981 s 22\ns 140\namended by 67/1981 s 23\n\namended by 46/2019 s 12\ns 141\ns 142\namended by 43/1979 s 34\n\namended by 64/2017 s 89\nPt 6 Div 5\n\ns 143\ns 144\n\ns 144(1)\ns 144(2)\ns 144(3) and (6)\ns 145\n\ns 145(1)\n\namended by 64/2017 s 90\ns 145(2)\n\ns 145(3)\ns 146\ns 148\n\ns 148(1)\ns 148(2)\ns 148(3)\nPt 6 Div 6\n\ns 149\n\ns 149(1) and (3)\ns 150\ns 151\n\namended by 64/2017 s 91\ns 152\n\ns 152(1)\ns 153\ns 154\n\ns 154(1)\ns 154(2)\nsubstituted by 67/1981 s 24(a)\ns 154(2a)\ninserted by 67/1981 s 24(a)\n\ns 154(3)\ns 154(4)\namended by 67/1981 s 24(b)\n\nPt 6 Div 7\n\ns 155\n\ns 155(1)\ns 155 amended and redesignated as s 155(1) by 67/1981 s 25\n\n(c) deleted by 67/1981 s 25(b)\n\namended by 33/1999 Sch (item 23(b))\ns 155(2)\ninserted by 67/1981 s 25(d)\n\namended by 33/1999 Sch (item 23(c))\ns 156\n\ns 156(1)\n\namended by 33/1999 Sch (item 23(d))\n\namended by 64/2017 s 92\ns 156(2)\ns 157\ns 157(2)\namended by 17/2006 s 127\ns 158\n\namended by 64/2017 s 93\ns 159\ns 159(1) and (2)\namended by 64/2017 s 94\ns 160\ns 160(1) and (2)\namended by 64/2017 s 95\ns 161\ns 161(1) and (2)\namended by 64/2017 s 96\ns 162\n\ns 163\n\namended by 64/2017 s 97\ns 164\ns 164(1)\namended by 64/2017 s 98\ns 165\n\ns 165(1)\n\ns 165(2)\ns 165(3)\n\namended by 64/2017 s 99\ns 166\n\namended by 64/2017 s 100\ns 167\ns 168\nsubstituted by 67/1981 s 26\ns 168(1)\ns 168(2)\n\namended by 56/2005 Sch 2 cl 22(1), (2)\ns 168(3)\n\ns 169\n\ns 169(1)\nsubstituted by 67/1981 s 27(a)\n\ns 169(1a) and (2)\ns 169(3)\n\namended by 56/2005 Sch 2 cl 23\ns 169(4)\nsubstituted by 67/1981 s 27(b)\n\ns 169(5)—(8)\n\ns 169(9)\nsubstituted by 67/1981 s 27(c)\n\ns 169(10)\namended by 67/1981 s 27(d)\n\ns 170\namended by 67/1981 s 28\n\ns 171\n\ns 172\n\ns 173\namended by 95/1993 s 36 (Schs 2 and 3)\ns 174\n\ns 174(1) and (2)\ns 174(3)\n\ns 174(4)\n\namended by 56/2005 Sch 2 cl 24\ns 175\n\ns 175(1)\n\nattachment of earnings order\nearnings\n\nnet earnings\nsubstituted by 67/1981 s 29\npay-day\ns 175(2)\ns 176\n\ns 176(1)\ns 176(2), (4), (6)—(8)\ns 176(9)\n\namended by 64/2017 s 101\ns 177\ns 177(1) and (2)\namended by 64/2017 s 102\ns 178\ns 179\ns 179(2)\namended by 64/2017 s 103\ns 180\n\ns 180(1) and (2)\ns 180(3)\n\namended by 64/2017 s 104\ns 180(4)\ns 181\ns 182\ns 183\n\ns 183(1)\ns 183(2)\n\n(i) and (ii) deleted by 95/1993 s 36 (Sch 3)\n\namended by 64/2017 s 105\ns 184\ns 185\ns 186\nsubstituted by 95/1993 s 36 (Sch 2)\ns 187\n\ns 187(1)\ns 187(2)—(4)\ns 188\ns 189\n\namended by 64/2017 s 106\nss 190 and 191\ns 192\n\ns 192(1)\namended by 95/1993 s 36 (Sch 2)\ns 192(2)\ndeleted by 95/1993 s 36 (Sch 2)\ns 192(3) and (4)\ns 193\n\ns 194\ns 195\n\namended by 64/2017 s 107\nPt 6 Div 8\n\ns 196\n\ns 196(1)\n\ncertified copy\namended by 67/1981 s 30\n\noverseas order\nSouth Australian Order\ns 196(2)—(4)\ns 197\ns 197(1)\namended by 64/2017 s 108\ns 198\ns 199\ns 200\n\ns 200(1)\ns 200(2)—(4)\ns 201\n\ns 201(1)\ns 201(2)\ns 201(3)\n\ns 201(4)—(6)\ns 202\ns 203\n\ns 203(1) and (2)\n\ns 203(3)—(5)\nss 204—206\ns 207\n\ns 207(1)\n\ns 207(2)\ns 208\n\ns 208(1) and (2)\ns 208(3)\n\n(c) deleted by 95/1993 s 36 (Sch 3)\ns 208(4)\n\ns 208(5)\ns 209\ns 210\ns 211\n\ns 211(1)\namended by 46/2019 s 13\n\n(b) deleted by 46/2019 s 13\ns 211(2)\n\ns 211(3) and (4)\ns 211(5) and (6)\n\ns 211(7)\ns 211(8)\ns 211(9)—(11)\ns 212\ns 213\n\ns 213(1) and (2)\ns 213(3)\ns 213(4)\n\ns 213(5)\ns 214\n\ns 214(1)\n\ns 214(2)—(4)\ns 214(5)\n\ns 214(6)\ns 215\ns 216\n\ns 216(1)\ns 216(2)\ns 216(3)\n\ns 216(4)\nss 217—219\ns 220\n\ns 220(1)\n\ns 220(2)—(5)\nss 221—223\ns 224\n\ns 224(1)\ns 224(2)\ns 225\n\ns 225(1) and (2)\ns 225(4)\n\ns 226\n\ns 226(2) and (3)\ns 226(4)\n\ns 226(5)—(7)\nss 227 and 228\ns 229\n\ns 229(1) and (2)\ns 229(3)\n\ns 230\n\ns 230(1)\ns 230(2)\n\namended by 33/1999 Sch (item 23(e))\ns 230(3) and (4)\ns 230(5)\n\nss 231—233\ns 234\n\ns 234(1)\ns 234(2)\n\ns 234(3)\ns 235\nPt 7\n\ns 235A before deletion by 84/2009\ninserted by 67/1981 s 31\ns 235A(1)\ns 235A(2)\ns 235A\ndeleted by 84/2009 s 140\ns 236\namended by 43/1979 s 35\n\namended by 67/1981 s 32\n\namended by 6/2016 Sch 1 cl 11\n\ndeleted by 64/2017 s 109\ns 236A\ninserted by 95/1993 s 33\n\namended by 64/2017 s 110\ns 236B\ninserted by 95/1993 s 33\ns 237\n\ns 237(1)\ns 237(2)\n\namended by 56/2005 Sch 2 cl 25\ns 238\n\ns 238(1)\ns 238(2)\n\ns 238(3)\ndeleted by 95/1993 s 36 (Sch 2)\ns 238(5)\ns 239\n\ns 239(1) and (1a)\ns 239(2)\n\ns 239(3)\ns 239(4)\ndeleted by 43/1979 s 36\ns 240\n\ns 240(1)\n\namended by 64/2017 s 111\ns 240(2)\namended by 43/1979 s 37\n\ns 241\ndeleted by 43/1979 s 38\ns 242\n\ns 242(1)\n(c) deleted by 67/1981 s 33\n\namended by 64/2017 s 112\ns 242(2)\nss 243 and 244\ns 245\namended by 46/2019 s 14\ns 246\ns 247\n\ns 247(1)\ns 249\n\ns 250 before substitution by 64/2017\n\ns 250(1)\n\ns 250(2)\n\nsubstituted by 95/1993 s 36 (Sch 2)\ns 250\ndeleted by 64/2017 s 113\ns 250A\ninserted by 67/1981 s 34\n\ndeleted by 64/2017 s 114\ns 250B\ninserted by 67/1981 s 34\nuncommenced—not incorporated \ns 251\namended by 43/1979 s 39\n\namended by 67/1981 s 35(a), (c), (d)\n\n(d) deleted by 67/1981 s 35(b)\n\namended by 95/1993 ss 34(a), (d), 36 (Schs 2 and 3)\n\n(e) deleted by 95/1993 s 34(b)\n\n(f), (g) and (h) deleted by 95/1993 s 34(c)\n\n(l) deleted by 95/1993 s 34(e)\n\n(p) deleted by 67/1981 s 35(e)\n\namended by 6/2016 Sch 1 cl 12(1)\n\n(e1) deleted by 6/2016 Sch 1 cl 12(2)\n\namended by 64/2017 s 115(1)\n\n(k) deleted by 64/2017 s 115(2)\n\n(k1) deleted by 64/2017 s 115(3)\ns 252\namended by 67/1981 s 36\n\ndeleted by 95/1993 s 35\nSch\nTransitional etc provisions associated with Act or amendments\nCommunity Welfare (Children) Amendment Act 1993, Sch 1—Transitional provisions\n","sortOrder":15},{"sectionNumber":"1","sectionType":"section","heading":"In this Schedule—","content":"1\tIn this Schedule—\na guardianship order means an order made by the Minister under the repealed provisions placing a child under the Minister's guardianship;\nthe repealed provisions means those provisions of the principal Act repealed by this Act.\n2\tA guardianship order in force immediately prior to the commencement of this Act remains in force, according to its terms, until discharged by the Minister or by an order of a court.\n3\tSection 35 of the principal Act (Discharge of child from guardianship of Minister and appeals) and any regulations made for the purpose of that section continue to apply (notwithstanding its repeal) in relation to a guardianship order, with the following modifications:\n\t(a)\ta reference to the Children's Court will be taken to be a reference to the Youth Court of South Australia;\n\t(b)\ta reference to the Director-General will be taken to be a reference to the Chief Executive Officer.\n4\tThe Minister must ensure that the progress and circumstances of a child under a guardianship order are reviewed at least once in each year that the order remains in force.\n5\tThe Minister and the Chief Executive Officer have, in relation to a child the subject of a guardianship order, all the powers and duties that they have in relation to a child under the Minister's guardianship pursuant to the Children's Protection Act 1993.\n6\tA child who was, immediately prior to the commencement of this Act, being detained in hospital pursuant to section 94 of the principal Act, may continue to be so detained in accordance with that section, notwithstanding its repeal.\nChildren and Young People (Safety) (Miscellaneous) Amendment Act 2018, Sch 1 Pt 2—Transitional provisions etc\n7—Moneys held on behalf of child or young person\n\t(1)\tThis clause applies to money received pursuant to section 84 of the Family and Community Services Act 1972, or section 161 of the Children and Young People (Safety) Act 2017 (as in force before the commencement of section 13 of this Act), that is being held on behalf of a child or young person, regardless of where the money is being held.\n\t(2)\tAny money to which this clause applies will, on the commencement of this clause, be taken to be money received by the Chief Executive pursuant to section 161 of the Children and Young People (Safety) Act 2017 (as amended by section 13 of this Act) and is to be dealt with in accordance with that section.\n\t(3)\tIn this clause—\nChief Executive has the same meaning as in the Children and Young People (Safety) Act 2017.\nHistorical versions\nReprint No 1—1.7.1991\n\nReprint No 2—1.1.1994\n\nReprint No 3—8.10.1996\n\nReprint No 4—1.7.1999\n\n1.2.2006\n\n1.7.2008\n\n17.9.2016\n\nAppendix—Divisional penalties and expiation fees\nAt the date of publication of this version divisional penalties and expiation fees are, as provided by section 28A of the Acts Interpretation Act 1915, as follows:\n\nDivision\nMaximum imprisonment\nMaximum fine\nExpiation fee\n15 years\n$60 000\n—\n10 years\n$40 000\n—\n7 years\n$30 000\n—\n4 years\n$15 000\n—\n2 years\n$8 000\n—\n1 year\n$4 000\n$300\n6 months\n$2 000\n$200\n3 months\n$1 000\n$150\n–\n$500\n$100\n–\n$200\n$75\n–\n$100\n$50\n–\n$50\n$25\nNote: This appendix is provided for convenience of reference only.","sortOrder":16}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":1048},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has grown significantly beyond its original 1972 scope. Originally the 'Community Welfare Act', it absorbed functions from multiple repealed Acts including the Maintenance Act 1926 and various Aboriginal Affairs Acts. The maintenance enforcement provisions (Part 6) now dominate the legislation, comprising roughly half the Act's content with extremely detailed procedural mechanisms. The 1993 amendments substantially restructured the Act, and the 2017-2018 amendments transferred child protection functions to the Children and Young People (Safety) Act 2017, narrowing the Act's focus while retaining complex legacy provisions. The interstate/overseas enforcement scheme (Division 8) represents a major expansion from purely domestic welfare provision to international maintenance coordination."},"complexity_factors":["Extensive cross-referencing between Parts, Divisions and Subdivisions (e.g., Part 6 has 8 Divisions with multiple Subdivisions)","47+ defined terms in section 6 alone, including technical terms like 'affiliation case', 'preliminary expenses', 'near relative', 'step-parent'","Nested conditional logic throughout maintenance enforcement (e.g., section 169 has 10 subsections with multiple conditions for imprisonment)","Complex procedural requirements for interstate and overseas enforcement (Division 8) involving registration, provisional orders, confirmation, and remittal between courts","Multiple overlapping enforcement mechanisms (attachment of earnings, property seizure, warrants, bonds, imprisonment) with detailed priority rules","Blood testing provisions (section 112) with 13 subsections including stay of proceedings, time limits, and evidentiary consequences","Extensive amendment history showing significant evolution since 1972, with many sections substituted or deleted","Currency conversion and translation requirements for overseas orders (sections 230-231)","Detailed evidentiary rules including presumptions, corroboration requirements, and admissibility of certificates"],"plain_english_summary":"This South Australian law does two main things: **promotes family and community welfare**, and **enforces financial support obligations** (maintenance) for children and families.\n\n**Welfare and Services (Parts 1–4)**\n- Sets up the Department for Family and Community Services with broad goals: helping people overcome personal and social problems, supporting families under stress, assisting disadvantaged groups (migrants, Aboriginal people, people with disabilities, single parents, etc.), and coordinating welfare services across government and non-government organisations.\n- Establishes **community aides** — volunteers who help run local welfare programs.\n- Provides for **local service centres** where people can access help close to home.\n- Creates **special funds** to support community projects and early intervention programs for children.\n- Allows the Minister to contract with non-profit organisations to deliver services.\n- Establishes **residential care facilities** for children who need protection.\n\n**Maintenance Obligations (Parts 6–7)** — the most detailed part of the Act\n- **Who must pay**: Parents are primarily responsible for supporting their children. Step-parents may also be liable if parents die, disappear, or cannot afford to pay. \"Near relatives\" (parents, step-parents) can be ordered to contribute based on their financial capacity.\n- **What can be claimed**: Regular payments for a child's living costs, plus \"preliminary expenses\" (medical and living costs around the time of birth), and medical expenses for the child or mother.\n- **How it works**: The Minister or a parent can apply to the Magistrates Court. The court can order payments, including back-payments for past support.\n- **Paternity disputes** (\"affiliation cases\"): The court can determine who is the father of a child born outside marriage, using blood tests if needed. A mother's evidence usually needs corroboration (supporting evidence) unless the defendant doesn't deny paternity.\n- **Enforcement**: The Act provides extensive powers to enforce payment — attaching wages directly from employers, seizing property, placing caveats on land, issuing warrants for sale of assets, and even imprisonment (up to 6 months) for serious non-payment. There are protections: someone can't be jailed if they genuinely cannot pay.\n- **Interstate and overseas**: Maintenance orders can be enforced across Australian states and in \"reciprocating countries\" (countries with agreements to recognise each other's orders). This involves a system of registration, provisional orders, and confirmation by courts in different jurisdictions.\n\n**Key protections and features**\n- Services must be provided without discrimination based on sex, marital status, disability, religion, race, or nationality.\n- The dignity and independence of people receiving services must be preserved.\n- Cultural and religious differences must be respected.\n- Proceedings about paternity can be held in private, with restrictions on publishing names.\n- Employers cannot sack workers because their wages are being attached for maintenance.\n\n**Who this affects**: Families needing support, children in care, single parents seeking child support, people with disabilities, migrants, and anyone involved in cross-border maintenance disputes."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative content was retrievable. The submission contained only a 'Page Not Found' error from the SA legislation website, providing no information about the Act's original or current intent."},"complexity_factors":["No legislative text was provided — only a website error page","Unable to assess provisions, definitions, schedules, or regulatory structure","Complexity score reflects the simplicity of the content received, not the underlying Act itself"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe legislation you've submitted — the **Family and Community Services Act 1972 (SA)** — could not be analysed because the source document only contains a **'Page Not Found' error** from the South Australian legislation website, not the actual text of the Act.\n\nThis appears to be a broken or outdated hyperlink, likely affected by a website update that occurred around **24 March 2026**.\n\n### What you can do:\n- Visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search directly for the Act by name\n- Update any saved bookmarks or links to the Act\n- Report broken links to **OPCWeb@sa.gov.au**\n\n### What we know generally:\nThe *Family and Community Services Act 1972* (SA) historically governed the administration of welfare, family support, and community services in South Australia — but **no substantive legal analysis can be provided** without the actual legislative text."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act's scope has been altered repeatedly since 1972. Definitions and administrative structures have been updated (eg. s6 substitutions), whole Parts and provisions have been removed or relocated (eg. Pt 4 Div 1 deleted 2006; multiple deletions and substitutions by 95/1993 and 64/2017), and responsibilities have been adjusted to interact with newer Acts (eg. references to the Children and Young People (Safety) Act 2017 appear in custody/guardianship and funding provisions). The legislative history records frequent amendments and transitional provisions necessitating cross‑referencing."},"complexity_factors":["Very broad subject-matter: combines welfare policy, service delivery and an extensive maintenance/enforcement regime (s10; Part 6).","Multiple enforcement mechanisms with different procedures and standards — attachment of earnings, warrants, caveats, sale under warrant, bonds, imprisonment (ss155–169, 175–181).","Detailed court and evidentiary rules for affiliation/maintenance proceedings, including blood‑test regime and corroboration limits (ss112, 140, 130).","Cross‑jurisdictional machinery for interstate and overseas orders with provisional orders, registration and confirmation procedures (ss196–226, 200–216).","Substantial administrative discretion for Minister and Chief Executive: delegations, fund allocation, contracts, appointment and removal of community aides (ss8, 23, 24, 16–20, 36).","Significant compliance and administrative burdens on third parties (employers must implement attachment orders; ADIs notified and may be compellable) (ss155, 176–183).","Numerous offences and publication restrictions that affect court reporting and departmental operations (ss236A–B, 238).","Dense amendment and transitional history requiring interpretive cross‑checking with other Acts and proclamations (Legislative history; many amendments such as 95/1993, 64/2017)."],"plain_english_summary":"This Act sets out how the State provides and funds family and community welfare services (including centres, grants and contracts) and how the Department and Minister exercise powers and discretion to administer them. It also establishes a statutory maintenance system: who can be ordered to pay child or other maintenance, how courts make and enforce orders (warrants, attachment of earnings, caveats, sale, imprisonment), and procedures for interstate and overseas enforcement. It affects families, alleged parents, employers, service providers and the Department."}},"importantCases":[],"_links":{"self":"/api/acts/family-and-community-services-act-1972","history":"/api/acts/family-and-community-services-act-1972/history","analysis":"/api/acts/family-and-community-services-act-1972/analysis","conflicts":"/api/acts/family-and-community-services-act-1972/conflicts","importantCases":"/api/acts/family-and-community-services-act-1972/important-cases","documents":"/api/acts/family-and-community-services-act-1972/documents"}}